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Patna High CourtCR. APP (SJ)/781/2019allowed

Abhay Kumar v. The State Of Bihar

2019-03-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.781 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- KARPI District- Jehanabad ====================================================== ABHAY KUMAR Son of Ram Prasad @ Ram Prasad Gupta Resident of Village - Sahar Telpa, P.S.- Karpi in the District of Arwal ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-03-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Karpi (Sahar Telpa) P.S.Case No.161 of 2016 , registered for offences punishable under Sections 147, 149, 341, 342, 435, 427, 504,506,283, 353, 109, 447, 187, 188, 120(B) of the Indian Penal Code and Section 3(1)(r)(s)/3(2)(va) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellant and other accused persons is of blocking the road with respect to death of a person in course of treatment and also the mob assaulted the Officer Incharge of SC/ST category. Submission of the learned counsel for the appellant is that though he is named in the FIR but nothing specific has been attributed against him and he has no criminal antecedent.

Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, above named, in the event of arrest or surrender before the

Patna High Court CR. APP (SJ) No.781 of 2019 dt.06-03-2019 2/2 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 Addl. Sessions Judge Ist, Jehanabad in connection with ABP No.2006 of 2018 (arising out of Karpi (Sahar Telpa) P.S.Case no.161 of 2018) subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

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