Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1191 of 2019 Arising Out of PS. Case No.-167 Year-2018 Thana- KHODAWANDPUR District- Begusarai ====================================================== RAUSHAN KUMAR, aged about 22 years, Male, Son of Vijay Kumar Jha @ Bijay Kumar Jha, Resident of Village- Bara, P.S.- Khodawandpur, DistrictBegusarai. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sandip Kumar Gautam For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 17-05-2019 Heard learned counsel for the appellant and the learned counsel appearing for the State.
This appeal is directed against the order dated 19.02.2019 passed by the Special Judge, (SC/ST Act), Begusarai in A.B.P. No. 245 of 2019 in connection with Khodawandpur P.S. Case No. 167 of 2018 registered under sections 341, 323, 354, 406, 420, 467, 504 of the Indian Penal Code and Sections 3(r)(s) of the S.C. and S.T. (Prevention of Atrocities) Act.
Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case due to some land dispute between the parties. The
Patna High Court CR. APP (SJ) No.1191 of 2019 dt.17-05-2019 2/2 dispute involved is purely civil in nature. Moreover, the present complaint case has been filed after six months of the alleged occurrence without there being any plausible explanation for the delay. The appellant is a man of clean antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twentyfive thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, (SC/ST Act), Begusarai in connection with Khodawandpur P.S. Case No. 167 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.
This appeal is allowed and the impugned order is set aside.
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