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Patna High CourtCR. APP (SJ)/2724/2021allowed

Jamuna Thakur v. The State Of Bihar

2021-10-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2724 of 2021 Arising Out of PS. Case No.-274 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== JAMUNA THAKUR Son of Late Bhola Thakur Resident of VillageHiramba, P.S.- Laxmipur, District- Jamui. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pramod Kumar For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-10-2021 Heard learned counsel for the appellant and learned Special P.P. for the State.

The appellant seeks pre-arrest bail in connection with Laxmipur P.S. Case No.274 of 2020 registered under Sections 341, 323, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(r), 3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellant is that the appellant is innocent and has falsely been implicated in the present case. There is a land dispute between the parties and both are co-villagers. There is a case and counter case as is evident from Annexure-1 and 2. The appellant has got no criminal antecedent.

Having considered the facts and circumstances of the

Patna High Court CR. APP (SJ) No.2724 of 2021(2) dt.25-10-2021 2/2 case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing personal bond to the satisfaction of learned Additional District & Sessions Judge 1st, Jamui in connection with Laxmipur P.S. Case No.274 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Accordingly, the appeal is allowed and the impugned order dated 17.02.2021 passed in A.B.P. No.1266 of 2020 is set aside.

(Arvind Srivastava, J) Harish/- U T