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Patna High CourtCR. APP (SJ)/1601/2019allowed

Sumit Kumar v. The State Of Bihar

2019-05-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1601 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== SUMIT KUMAR Son of Nand Lal Singh Resident of Village - Ram Nagar Karma Road, P.S.- Muffasil, District - Aurangabad. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Kamlendra Pd. Singh For the State :

Mr.Sadanand Paswan.

For the informant :

Ms. Leelawati Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 03-05-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant seeks pre-arrest bail in connection with Muffasil SC/ST P.S. Case No. 31 of 2019 registered under Sections 341, 323, 302, 307, 504, 34 of the Indian Penal Code and Section 3(i) (r), 3(i) (s), 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellant is that appellant has no criminal antecedent. He is innocent and has falsely been implicated. Further submission is that in retaliation of earlier case filed by the appellant, the present case is filed.

Having heard both sides and in the facts and

Patna High Court CR. APP (SJ) No.1601 of 2019 dt.03-05-2019 2/2 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, Aurangabad in connection with Muffasil P.S. Case No. 31 of 2019, 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