Kabir Patel @ Kabir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1840 of 2019 Arising Out of PS. Case No.-651 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== 1.

KABIR PATEL @ KABIR KUMAR Son of Vakil Prasad Resident of Village - Dharba, P.S.- Bettiah (Mufassil), District- West Champaran 2.

Sanu Patel @ Sonu Patel @ Sonu Kumar Son of Mahendra Patel Resident of Village - Dharba, P.S.- Bettiah (Mufassil), District- West Champaran 3.

Priyank Patel @ Priyant Patel Son of Sohan Patel Resident of Village - Dharba, P.S.- Bettiah (Mufassil), District- West Champaran 4.

Mithu Patel @ Mithu Kumar Son of Rama Shankar Patel Resident of Village - Dharba, P.S.- Bettiah (Mufassil), District- West Champaran 5.

Rahul Patel @ Rahul Kumar Son of Jawahir Patel Resident of Village - Dharba, P.S.- Bettiah (Mufassil), District- West Champaran ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sanjeev Kumar Shrivastava For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Bettiah (Mufassil) P.S. Case No. 651 of 2018 registered under Sections 341/323/504/379/34 of the Indian Penal Code and Section 3(i) (r) (w) (ii) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellants is that the appellants are innocent and have falsely been

Patna High Court CR. APP (SJ) No.1840 of 2019(3) dt.20-05-2019 2/2 implicated in the present case. They have no criminal antecedent. Further submission is that the matter has already been compromised between the parties, as evident from perusal of Annexure-2 to the application.

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-cumSpecial Judge, West Champaran, Bettiah in connection with Bettiah (Mufassil) P.S. Case No. 651 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 is set aside.

(Arvind Srivastava, J) shailendra/- U T