Upendra Yadav @ Upendra Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1646 of 2019 Arising Out of PS. Case No.-122 Year-2016 Thana- DERNI BAZAR District- Saran ====================================================== UPENDRA YADAV @ UPENDRA PRASAD YADAV Son of Brahma Rai Resident of Village - Jaitipur, P.S.- Dariyapur, Distt - Saran. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Manoj Kumar For the Respondent/s :
Mr.Binay Krishna ====================================================== 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 Derni P.S. Case No. 122 of 2016 registered under Sections 341/323/353/504 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Submission of learned counsel for the appellant is that the appellant is innocent and has falsely been implicated in the present case. He has no criminal antecedent. Further submission is that it appears from Annexure-2 to the application that the appellant has filed an application before the Commissioner regarding the defalcation of the
Patna High Court CR. APP (SJ) No.1646 of 2019 dt.21-05-2019 2/2 Government money and also before filing the present case, letter had also been given but no action has been taken. Thereafter, on retaliation, the present case has been filed by the informant to take revenge with false allegation. 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 Derni P.S. Case No. 122 of 2016, 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