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Patna High CourtCR. APP (SJ)/1019/2019allowed

Phultun Kumar @ Raj Sharma @ Phultun v. The State Of Bihar

2019-03-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1019 of 2019 Arising Out of PS. Case No.-291 Year-2018 Thana- PALIGANJ District- Patna ====================================================== PHULTUN KUMAR @ RAJ SHARMA @ PHULTUN Son of Bachan Singh Resident of Village - Indra Nagar, Dharhara, P.S.- Paliganj, Distt - Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Vibhuti Ranjan Sonvadra For the Respondent/s :

Smt.Usha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-03-2019 The appellant seeks pre arrest bail in connection with Special Case No. 467/2018, arising out of Paliganj P.S. Case No. 291 of 2018, registered for offences punishable under Sections 143, 283, 341, 323, 353 and 427 of the Indian Penal Code and Section 3(i)(r) of SC/ST Act.

Allegation against the appellant and others is that they created road blockade and destroyed Government property and the police reached there and chased them and also identified the accused persons including appellant and there is further allegation of abusing one of the police officials with caste name.

It has been submitted on behalf of the appellant is that several persons including the appellant has been made accused in this case and no specific allegation has been attributed to the appellant. Submission has been made in paragraph -3 of the petitioner that

Patna High Court CR. APP (SJ) No.1019 of 2019 dt.26-03-2019 2/2 petitioner has no criminal antecedent.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of six weeks, be released 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 Additional Sessions Judge IV-cum-Special Judge, SC/ST Act, Patna, in connection with Special Case No. 467/2018, arising out of Paliganj P.S. Case No. 291 of 2018, subject to the conditions laid down under Section 438 (2) of Cr.P.C.

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

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