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Patna High CourtCR. APP (SJ)/1895/2019disposed

Munna Kumar v. The State Of Bihar

2019-05-23Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1895 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== MUNNA KUMAR Son of Mahendra Singh Resident of Village - Rahra , P.S.- Badem OP (Nabinagar), Dist.- Aurangabad.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bindeshwar Prasad Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 23-05-2019 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 09.04.2019 passed by learned 1st Additonal Sessions Judge -cum- Special Judge, Aurangabad in connection with Nabinagar P.S. Case No. 42 of 2019 registered under Sections 341, 504, 506, 354(B) of the Indian Penal Code and Section 3(i)(r)(s)(w)(p) of SC/ST (POA) Act, whereby the prayer for pre-arrest bail of the appellants has been rejected.

Learned counsel for the appellants submits that appellants have been granted police bail on 27.02.2019 under Section 41(1) of the Code of Criminal Procedure. Considering the facts and circumstances of the

Patna High Court CR. APP (SJ) No.1895 of 2019 dt.23-05-2019 2/2 case, it appears that the matter is well covered by the decision of this Court in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004(3) P.L.J.R. 491. In view of the above, it is directed that the appellants may surrender before the Court below within four weeks from today. In case the appellants surrender and file an application for bail, the concerned Court will pass an order in the similar manner as has been decided in the case of Mahendra Prasad Singh (supra).

This appeal stands disposed of with above observations/directions.

(Arvind Srivastava, J) brajesh/- Uploading Date Transmission Date