Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4695 of 2018 Arising Out of PS. Case No.-42 Year-2017 Thana- SC/ST District- Rohtas ====================================================== Akash Kumar S/o Sahendra Singh @ Ramakant Singh, R/o Vill.- Bharigawan , P.S.- Bhanas Dinara, District- Rohtas at Sasaram. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Dharmendra Kumar Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 10.9.2018 passed by Additional Sessions Judge-I, Rohtas at Sasaram, in Registered Case No. 168 of 2017 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in SC/ST Dehri P.S.Case No. 42 of 2017 registered under Sections 341, 323, 379, 504, 506, 34 of the Indian Penal Code, Section 3(i)(r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellant is that while informant was returning home he was caught hold by him, abused him by taking his caste name and assaulted him also by fists and slaps. Submission of learned counsel for the appellant is that there is delay of seven days in lodging FIR and the informant is in habit of filing false case against innocent persons and earlier also he has filed a case in which appellant was granted bail.

Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.4695 of 2018 dt.24-01-2019 2/2 Having heard both sides and in the facts and circumstances, let the appellant, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Rohtas at Sasaram, in connection with SC/ST Dehri P.S.Case No. 42 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 10.9.2018 is set aside.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date