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Patna High CourtCR. APP (SJ)/1225/2019allowed

Dilip Kumar Yadav v. The State Of Bihar

2019-04-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No. 1225 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- JALALGARH District- Purnia ====================================================== Dilip Kumar Yadav, Son of Phuleshwar Yadav, Resident of Village- DumraBegampur, P.S.- Jalalgarh, District- Purnea. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Nadimul Hasan For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 02-04-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 14.02.2019 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, SC/ST Act, Purnea in ABP No. 09 of 2019 arising out of Jalalgarh P.S.Case No. 192 of 2018 registered under Sections 147,149,323, 324, 341, 504 and 506 of the Indian penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of assaulting by fists and slaps to the informant.

Submission of learned counsel for the appellant is that

Patna High Court CR. APP (SJ) No. 1225 of 2019 dt.02-04-2019 2/2 there is case and counter case in between the parties and no specific allegation has been attributed against him. Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, SC/ST Act, Purnea in ABP No. 09 of 2019 arising out of Jalalgarh P.S.Case No. 192 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

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