Keshav Kunal @ Bullu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2321 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -SC/ST District- SAMASTIPUR ======================================================

1. Keshav Kumar @ Bullu Thakur son of Sri Subhas Prasad Singh @ Sri Ram Thakur, Resident of Village- Bhuidhara, Dhurlakh, Ward No. 13, P.S. Samastipur Muffasil, District- Samastipur.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Abhay Shankar Singh For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 Heard the parties.

The appellant seek pre arrest bail in connection with SC/ST P.S.Case No. No.21 of 2017, registered for offences punishable under Sections 341, 323, 3245, 504 and 506 of the Indian Penal Code and section 3(i)(r)(s)/3(2)(va) of SC/ST (Prevention of Atrocities) Act.

Submissions of the learned counsel for the appellant is of assault and also abusing the informant by taking caste name. Submission of the learned counsel for the appellant is that scuffle took place over the petty matter between the parties and further so far allegation of abusing is concerned, FIR itself shows that it has took place inside the house of the petitioner, which is not a public place.

Patna High Court CR. APP (SJ) No.2321 of 2017 (2) dt.01-09-2017 2/2 Heard learned Special P.P. also.

Having considered both sides and in view of the submission, let the appellant in the event of arrest or surrender before the court of Special Judge within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Samastipur in connection with Samastipur SC./ST P.S.Case No.21 of 2017 subject to conditions as laid down under Section 438 (2) of Cr.P.C. after setting aside the order dated 10.7.2017, passed by 1st Additional District and Sessions Judge, Samastipur in A.B.P.No.1123 of 2017, subject to further conditions that appellant will co-operate in investigation of the case and will appear before the Investigating Officer as and when required, failing which his bail bond shall be liable to be cancelled. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U T