Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1728 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- PARSA District- Saran ====================================================== 1.

AKASH KUMAR Son of Ramdas Sadhu Resident of Village-Baksanda, Police Station-Parsa, District-Saran.

2.

Prakash Kumar Son of Ramdas Sadhu Resident of Village-Baksanda, Police Station-Parsa, District-Saran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Dr. Harendra Kumar Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 26-04-2019 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 25.03.2019 passed by the 1st Additional Sessions Judge, Saran at Chapra in A.B.P. No. 869 of 2019 arising out of Parsa P.S. Case No. 214 of 2018 registered for the offences punishable under sections 341, 323, 324, 504, 379, 385/34 of the Indian Penal Code and Section 3(i)(r), 2(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for pre-arrest bail of the appellants has been rejected.

Submission of learned counsel for the appellants

Patna High Court CR. APP (SJ) No.1728 of 2019 dt.26-04-2019 2/2 is that similarly situated co-accused persons namely Ram Das Ji @ Ramdas Sadhu and Munnu @ Munnu Kumar @ Abhimanyu Kumar have already been allowed bail by a Bench of this Court vide Cr. Appeal (SJ) No. 425 of 2019. Having considered the above 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) with two sureties of the like amount each to the satisfaction of the 1st Additional District and Sessions Judge, Saran at Chapra in connection with Parsa P.S. Case No. 214 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 25.03.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date