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Patna High CourtCR. APP (SJ)/1412/2019allowed

Bishwajeet Kumar @ Bishwajeet Prasad v. The State Of Bihar

2019-05-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1412 of 2019 Arising Out of PS. Case No.-347 Year-2018 Thana- MASHRAK District- Saran ====================================================== Bishwajeet Kumar @ Bishwajeet Prasad Son of Haribhajan Prasad @ Haribhajan Kushwaha, Resident of Village - Sankauli, P.s.- Masrakh, Distt.- Saran at Chapra.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Rabindra Kumar Tiwari, Advocate For the Respondent/s :

Mr. Usha Kumari 1, APP For the Informant :

Mr. Ranajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-05-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant seeks pre-arrest bail in connection with Mashrakh P.S. Case No. 347 of 2018 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i) (r) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellant is that the appellant has no criminal antecedent. He is innocent and has falsely been implicated in the case due to dirty village politics. Further submission is that the First Information Report is lodged after lapse of 10 months of the

Patna High Court CR. APP (SJ) No.1412 of 2019 dt.21-05-2019 2/2 alleged occurrence.

Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Saran at Chapra in connection with Masrakh P.S. Case No. 347 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C. Accordingly, the appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date