Mangal Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1399 of 2019 Arising Out of PS. Case No.-633 Year-2018 Thana- SHEKHPURA District- Sheikhpura ====================================================== MANGAL BIND, aged about 30 years, Male, S/o Daso Bind, Resident of Village- Kare, P.S.- Sheikhpura, District- Sheikhpura. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Syed. Rizwanul Haque 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 27.02.2019 passed by 1st Additional District and Sessions Judge, Sheikhpura in A.B.P. No. 131 of 2019 in connection with Sheikhpura P.S. Case No. 633 of 2018 corresponding to SC/ST Case No. 126 of 2018 registered under sections 341, 323, 324, 307/34 of the Indian Penal Code and Sections 3(ii)va), 3(1)(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. There is case and counter case between the parties as is evident from Annexure-2. The allegations levelled are
Patna High Court CR. APP (SJ) No.1399 of 2019 dt.17-05-2019 2/2 general and omnibus in nature. Moreover, the injuries sustained have been found to be simple in nature. Similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide Annexure-4.
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 1st Additional District & Sessions Judge, Sheikhpura in connection with Sheikhpura P.S. Case No. 633 of 2018 corresponding to SC/ST Case No. 126 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.
(Arvind Srivastava, J) mcv/- AFR/NAFR CAV DATE Uploading Date Transmission Date