← Library
Patna High CourtCR. APP (SJ)/881/2019allowed

Anish Kumar @ Anish Kumar Yadav v. The State Of Bihar

2019-03-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.881 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- TEKARI District- Gaya ====================================================== Anish Kumar @ Anish Kumar Yadav Son of Ramswarup Yadav Resident of Village/Mohalla- Malsari, Lachhimpur, P.S.- Chakand, District- Gaya, Bihar. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manish Kumar No2 For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 11-03-2019 The appellant seeks pre-arrest bail in connection with Tekari P.S. Case No. 189 of 2018, registered for offences punishable under Sections 341, 323, 448, 307, 506, 326 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(r) (s) of SC/ST Act.

Allegation against the appellant and other accused persons is of abusing the informant by taking caste name, assaulted him and also allegation of firing in the air. Submission of learned counsel for the appellant is that no specific allegation has been attributed against the appellant and other co-accused persons have been granted privilege of anticipatory bail vide judgment dated 04.12.2018 passed in Criminal Appeal (SJ) No.3388 of 2018 and vide judgment dated

Patna High Court CR. APP (SJ) No.881 of 2019 dt.11-03-2019 2/2 23.01.2019 passed in Criminal Appeal (SJ) No.4207 of 2018. Further, he has no criminal antecedent.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellant, above named, be surrendered within a period of six weeks and on surrender he will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Gaya, in connection with Tekari P.S. Case No. 189 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, this appeal is allowed and the impugned order is set-aside.

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