Sukhdeo Prasad Kushwaha @ Sukhdeo Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1697 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== 1.
SUKHDEO PRASAD KUSHWAHA @ SUKHDEO MAHTO Son of Late Aandhi Mahto Resident of Village - Mahavatpur, P.S.- Nardiganj, District - Nawada.
2.
Yogendra Prasad Kuswaha Son of Sukhdeo Prasad Kushwaha @ Sukhdeo Mahto Resident of Village - Mahavatpur, P.S.- Nardiganj, District - Nawada. 3.
Sunita Devi Wife of Yugendra Prasad Kushwaha Resident of Village - Mahavatpur, P.S.- Nardiganj, District - Nawada. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Pramod Kumar Verma For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 25-04-2019 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 02.03.2019 passed by the 1st Additional Sessions Judge, Nawada in A.B.P. No. 164 of 2019 arising out of Nardiganj P.S. Case No. 201 of 2018 registered for the offences punishable under sections 341, 323, 504, 506/34 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
Patna High Court CR. APP (SJ) No.1697 of 2019 dt.25-04-2019 2/2 bail of the appellants have been rejected.
Submission of learned counsel for the appellants is that the appellants have no criminal antecedent. They are innocent and have falsely been implicated in the present case. There is case and counter case for the alleged occurrence.
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, Nawada in connection with Nardiganj P.S. Case No. 201 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 02.03.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date