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Patna High CourtCR. APP (SJ)/1613/2019allowed

Kaushal Yadav @ Kaushal Kumar v. The State Of Bihar

2019-04-24Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1613 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== 1.

KAUSHAL YADAV @ KAUSHAL KUMAR S/o Musafir Yadav Resident of Village- Sandohra, P.S.- Nardiganj, District- Nawada 2.

Ranjan Yadav S/o Musafir Yadav Resident of Village- Sandohara, P.S.- Nardiganj, District- Nawada ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sheo Kumar Prasad For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 24-04-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

This appeal is filed for grant of pre-arrest bail to the appellants against the order dated 18.01.2019 passed by the 1st Additional District and Sessions Judge, Nawada in A.B.P. No. 2153 of 2018 registered for the offences punishable under sections 147, 148, 149, 341, 323, 325, 307, 354(B), 379, 452, 504, 506 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for pre-arrest bail of the appellants have been rejected.

Submission of learned counsel for the appellants

Patna High Court CR. APP (SJ) No.1613 of 2019 dt.24-04-2019 2/2 is that appellants have no criminal antecedent. They are quite innocent and have falsely been implicated in the present case. Further submission is that there is case and counter case for the alleged occurrence, as evident from Annexure-2 to the bail application.

Having heard both sides and in the facts and circumstances of the case, let the above named appellants 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 A.D.J.-1st-cum-Spl. Judge, Nawada in connection with Nardiganj P.S. Case No. 200 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 dated 18.01.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date