Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.765 of 2020 Arising Out of PS. Case No.-174 Year-2014 Thana- KARPI District- Jehanabad ====================================================== DEEPAK KUMAR S/o- Jitu Mistry Resident of Village- Manga Bigha, P.S.- Karpi (Banshi), District- Arwal.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Amrendra Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2021 Heard both sides.

The appellant filed this appeal under Section 14(A)(2) of the S.C./S.T. Act against the order dated 28.01.2020 passed by learned Additional Sessions Judge I, Jehanabad by which the anticipatory bail of the appellant has been rejected in S.C./S.T. Karpi P.S. Case No.174 of 2014 registered under Sections 323, 504 and 34 of the Indian Penal Code and under Section 3(i)(r)(s) of the S.C./S.T.(POA) Act.

The learned counsel for the appellant submits that informant made omnibus and general allegation that the appellant and others assaulted the students and teachers of the school but the police after investigation submitted final form finding the case false. Thereafter the cognizance was taken but similarly situated other accused persons namely Vikash Kumar,

Patna High Court CR. APP (SJ) No.765 of 2020(2) dt.08-03-2021 2/2 Anuj Kumar and Koashal Kumar have already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 07.02.2019 passed in Cr. Appeal(SJ) No.4760 of 2018. The case of the appellant stands on the same footing. Taking into consideration the facts that similarly situated other accused persons have been granted anticipatory bail, the appeal is allowed, the order dated 28.01.2020 is set aside and let the appellant, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Jehanabad in connection with Karpi(Bansi) P.S. Case No.174 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T