Arunesh Yadav @ Arunesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2230 of 2021 Arising Out of PS. Case No.-5 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== ARUNESH YADAV @ ARUNESH KUMAR S/O KAILU GOPE R/O VILLAGE KAKO BIGHA, P.S. DEEPNAGAR, DISTRICT NALANDA ... ... Appellant/s
Versus
1.
THE STATE OF BIHAR 2.
Gopal Kumar Son of Sharvan Paswan Village- Maghra, P.S. Deepnagar, District- Nalanda ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Raj Kishor Prasad For the Respondent/s :
Mr. Sadanand Paswan, Spl.P.P.
For the Informant :
Mrs. Pallavi Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.
This appeal has been preferred against the order dated 24.02.2021 passed by learned 1st Additional Sessions Judge, Nalanda at Biharsharif in A.B.P. No.292 of 2021 arising out of Deepnagar P.S. Case No. 05 of 2019, G.R. No. 44 of 2019 registered under Sections 147, 148, 149, 341, 307, 302 of the Indian Penal Code and Sections 3(1)(r)(s), Q, 3 (2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellant has been rejected.
Patna High Court CR. APP (SJ) No.2230 of 2021(4) dt.18-05-2023 2/2 Learned counsel for the appellants submits that appellant is innocent and has falsely been implicated in the present case due to dirty village politics. Further submission is that after investigation the police has submitted the final form. The appellant has got no criminal antecedent. Considering the aforesaid facts, let the appellant, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing personal bond to the satisfaction of 1st Additional Sessions Judge, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 05 of 2019, G.R. No. 44 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the impugned order is set aside and the appeal is allowed.
(Arvind Srivastava, J) utkarsh/- U T