Prashant Kumar @ Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1642 of 2019 Arising Out of PS. Case No.-413 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Prashant Kumar @ Prabhat Kumar Son of Ravindra Rai @ Ravindra Kumar Yadav, Resident of village- Morsand Ratan, Police Station- Minapur (Panapur), District- Muzaffarpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ashok Kumar Mishra, Advocate For the Respondent/s :

Mr. Binay Krishna, Advocate ====================================================== 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 Minapur P.S. Case No. 413 of 2018 registered under Sections 341/323/379/34 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellant is that the appellant has no criminal antecedent. He is innocent and has falsely been implicated in the present case. There is no specific allegation of SC/ST against the appellant. Further submission is that the specific allegation of assault is against co-accused S.P. Kumar. Nothing specific has been

Patna High Court CR. APP (SJ) No.1642 of 2019 dt.21-05-2019 2/2 alleged against the appellant.

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 11th Additional District Judge-cum-Special Judge, SC/ST Act, Muzaffarpur in connection with Minapur P.S. Case No. 413 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 is set aside.

(Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date