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Patna High CourtCR. APP (SJ)/634/2019allowed

Md. Gulam Sabir @ Md. Gulam Sabir Ansari v. The State Of Bihar

2019-03-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.634 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Md. Gulam Sabir @ Md. Gulam Sabir Ansari.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arbind Kumar Singh, Advocate For the Respondent/s :

Mr.Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 Heard the parties.

The appellant seeks anticipatory bail in connection with A.B.P. No. 2032 of 2018, registered for offences punishable under Sections 341, 323, 427, 353 and 504 of the Indian Penal Code and under Section 3(i) (r) of the SC/ST Act. The allegation as per the F.I.R. against the appellant is that he entered into the side of kitchen of the school and after inquiry he replied that he is a Press Reporter and abused the informant, who is the headmaster of a Middle School, by naming his caste and also assault him by first and slaps. Submission of the learned counsel for the appellant is that there was complaint with regard to irregularities in the mid day meal of the school, which will appear from Annexure-5, and the appellant went to the school for recording the statement of the students in his mobile phone, whereupon, he was assaulted for which a case has lodged against the informant vide Shikarpur P.S.Case No. 142 of 2018 and

Patna High Court CR. APP (SJ) No.634 of 2019 dt.29-03-2019 2/2 in order to save his skin, the informant lodged the present case against the appellant and the appellant has no criminal antecedent. Heard learned Spl.P.P.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-1stcum- Special Judge, Bettiah, West Champaran in connection with Shikarpur P.S.Case No. 143 of 2018, subject to condition as laid down under Section 438 of CR.P.C. With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) sudha/- AFR/NAFR CAV DATE Uploading Date Transmission Date