Nitesh Kumar @ Lalu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1681 of 2019 Arising Out of PS. Case No.-84 Year-2018 Thana- SC/ST District- Rohtas ====================================================== NITESH KUMAR @ LALU KUMAR YADAV Son of Rameshwar Singh @ Sukhi Yadav, Resident of Village- Turki, P.S- Agrer, District- Rohtas. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kumar Tiwary For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 24-04-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.
This appeal is filed for grant of pre-arrest bail to the appellant against the order dated 11.03.2019 passed by the 1st Additional Sessions Judge-cum-Special Court of SC/ST, Rohtas at Sasaram in connection with Registered Case No. 363 of 2018 arising S.C/S.T. (Dehri) P.S. Case No. 84 of 2018 registered for the offences punishable under sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for pre-arrest bail of the appellant has been rejected.
Submission of learned counsel for the appellant is
Patna High Court CR. APP (SJ) No.1681 of 2019 dt.24-04-2019 2/2 that there is no specific allegation against the appellant rather the specific allegation of assault is against other named coaccused persons. He further submits that the appellant has no criminal antecedent. He is a man of clean antecedent. 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 Court S.C./S.T. Act, Rohtas at Sasaram in connection with Registered Case No 363 of 2018 arising out of SC/ST (Dehri) P.S. Case No. 84 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 11.03.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date