Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1864 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- RUDRAPUR District- Madhubani ====================================================== JYOTISH KUMAR Son of Aliq Jha Resident of Village - Araria Sangram, P.S. - Jhanjharpur (O.P.), District - Madhubani ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manoj Kumar Jha, Advocate For the Respondent/s :

Mr.Binay Krishna Mallik, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-12-2020 Heard learned counsel for the appellant and the State.

The appellant is aggrieved by the order dated 22.06.2020 passed by the Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Madhubani in Rudrapur P.S. Case No. 118 of 2019 registered for the offences under Sections 363, 366(A), 323, 504, 506/34 IPC and Sections 3(i) (r) 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for grant of regular on behalf of the appellant has been rejected.

Learned counsel appearing on behalf of the appellant would submit that the appellant has no criminal antecedent. The appellant is in custody since 4.11.2019. the co-accused have been granted initially provisional bail and subsequently the

Patna High Court CR. APP (SJ) No.1864 of 2020(2) dt.01-12-2020 2/2 provisional bail was confirmed in Cr. Appeal No. 1068 of 2020, Annexure-2.

Considering the fact that the appellant has no criminal antecedent and he has remained in custody for nearly one year and co-accused has been granted bail by a Co-ordinate Bench of this Court, the impugned order dated 22.06.2020 is set aside and the appeal is, accordingly, allowed. Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum- Special Judge SC/ST Act, Madhubani in connection with Rudrapur P.S. Case No. 118 of 2019.

(Anil Kumar Upadhyay, J) spandey/- U T