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Patna High CourtCR. APP (SJ)/1548/2019allowed

Pramod Singh @ Pramod Kumar Singh v. The State Of Bihar

2019-05-28Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1548 of 2019 Arising Out of PS. Case No.-94 Year-2018 Thana- BHADAUR District- Patna ====================================================== 1.

Pramod Singh @ Pramod Kumar Singh, Son of Late Baleshwar Singh, Resident of Village-Ajgra, P.S.-Bhadaur, District-Patna. 2.

Guddu @ Karamveer Kumar Singh @ Karamveer, Son of Pramod Singh, Resident of Village-Ajgra, P.S.-Bhadaur, District-Patna. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pravin Kumar, Advocate For the Respondent/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-05-2019 Heard learned counsel for the appellants and learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the informant. Appellants are aggrieved by the order dated 15.03.2019 passed by the learned Special Judge, SC/ST Act, Patna in connection with Special Case No.679 of 2018 arising out of Bhadaur P.S. Case No.94 of 2018 whereby the application for bail was rejected.

The appellants are seeking bail in connection with Special Case No.679 of 2018 arising out of Bhadaur P.S. Case No.94 of 2018 for the offences under Sections 341, 323, 384, 504, 506/34 of the Indian Penal Code and Section 3(1) (r) (s) of

Patna High Court CR. APP (SJ) No.1548 of 2019(3) dt.28-05-2019 2/3 the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellants would submit that allegation against these appellants is that they demanded Rangdari and abused the informant by giving caste name and took out Rs.15,000/- from his pocket. Learned counsel further submits that the appellants and informant are co-villagers and the present case is counterblast of the complaint filed by Sulekha Kumari before the Block Development Officer, Pandarak against the wife of the informant over construction of drainage. Learned counsel further submits that appellants are in custody since 20.02.2019.

Considering the back drawn of the incident i.e. to construction of drainage and the fact that appellants and informant belongs to the same village, the Court is inclined to grant bail to the appellants. Let the appellants, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna, in connection with Special Case No.679 of 2018 arising out of Bhadaur P.S. Case No.94 of 2018. Accordingly, the impugned order dated 15.03.2019

Patna High Court CR. APP (SJ) No.1548 of 2019(3) dt.28-05-2019 3/3 passed by the learned Special Judge, SC/ST Act, Patna, is set aside and the appeal is allowed.

(Anil Kumar Upadhyay, J) sunil/- U T