Bipin Kumar @ Abhinav Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1624 of 2019 Arising Out of PS. Case No.-29 Year-2018 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran ====================================================== BIPIN KUMAR @ ABHINAV ANAND Son of Awadh Kishor Mandal Resident of Village - Mohanpur, P.S.- Pirpaiti, Dist.- Bhagalpur, at Present Railway Loco Colony, P.S.- G.R.P.S. Narkatiaganj, Dist.- West Champaran. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Brij Kishor Mishra For the Respondent/s :
Mr. Binay Krishna ====================================================== 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 28.02.2019 passed by the 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran in A.B.P. No. 2838 of 2018 arising out of Narkatiaganj G.R.P. P.S. Case No. 29 of 2018 registered for the offences punishable under sections 341, 323, 307, 379, 427, 504/34 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for pre-arrest bail of the appellants has/have been rejected.
Submission of learned counsel for the appellants is
Patna High Court CR. APP (SJ) No.1624 of 2019 dt.24-04-2019 2/2 that appellants are also a member of Scheduled Castes/Scheduled Tribes. There is no specific allegation against them. They are innocent and have falsely been implicated in the present case in retaliation to the earlier case. Further submission is that the appellants have no criminal antecedent. 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) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran in connection with Narkatiaganj G.R.P. P.S. Case No. 29 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 28.02.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date