Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1398 of 2020 Arising Out of PS. Case No.-404 Year-2000 Thana- CHANDI District- Nalanda ====================================================== ARUN KUMAR Son of Ramdahin Yadav @ Ramdahin Prasad Resident of Village - Diripar, P.S.- Tharthari, Dist.- Nalanda. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Mukherjee For the Respondent/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2021 Heard learned counsel for the appellant and learned counsel for the State.

The appellant has prayed for suspension of sentence and grant of bail during pendency of the appeal. He has been convicted for the offence punishable under Section 397 of the Indian Penal Code.

Learned counsel appearing on behalf of the appellant submits that similarly situated co-accused namely Ram Nandan Yadav and Dwarika Gope have already been allowed bail by a Co-ordinate Bench of this Court vide Cr. Appeal (SJ) No. 1366 of 2020 and Cr. Appeal (SJ) No. 1397 of 2020 on 06.07.2020 and 14.10.2020 respectively. Having heard learned counsel for the parties and taking into consideration the above facts and circumstance of

Patna High Court CR. APP (SJ) No.1398 of 2020(4) dt.10-03-2021 2/2 the case, this Court is inclined to grant bail to the appellant. Accordingly, the appellant is directed to be released on bail during the pendency of the appeal on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Hilsa, Nalanda in Sessions Trial No. 385 of 2002 arising out of Chandi (Tharthari) P.S. Case No. 404 of 2000, subject to deposit of fine awarded by the trial Court as part of sentence.

(Arvind Srivastava, J) shailendra/- U T