Suraj Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.675 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- SC/ST District- Katihar ====================================================== SURAJ MANDAL Son of Matru Mandal @ Awadhesh Mandal Resident of Village- Sahja Chooya, P.S.- Pranpur, District- Katihar. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sandeep Patil For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-06-2019 Heard learned counsel for the appellant and the learned counsel appearing for the State.
This appeal is directed against the order dated 05.01.2019 passed by 1st Additional Sessions Judge-cumSpecial Judge, Katihar in A.B.P. No. 116 of 2018 in connection with SC/ST P.S. Case No. 149 of 2018 registered under sections 323, 354B of the Indian Penal Code and Sections 3(i)(r), 3(2)(va) of the S.C. and S.T. (Prevention of Atrocities) Act.
Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case due to previous enmity. The present complaint case has been filed after 20 days of the alleged occurrence without
Patna High Court CR. APP (SJ) No.675 of 2019(4) dt.21-06-2019 2/2 there being any explanation for the delay. Appellant has no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cumSpecial Judge, Katihar in connection with SC/ST P.S. Case No. 49 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.
This appeal is allowed and the impugned order is set aside.
(Arvind Srivastava, J) mcv/- U T