Dhanraj Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4723 of 2018 Arising Out of PS. Case No.-169 Year-2018 Thana- SALIMPUR District- Patna ====================================================== Dhanraj Kumar @ Chhotu Kumar, S/o Tribhuan Narayan Singh, R/o Vill.- Bahadurpur, P.S.- Salimpur, District- Patna.

... ... Appellant

Versus

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

For the Appellant/s :

Mr.Surendra Kumar Mishra, Advocate For the Respondent/s :

Mr.Binay Krishna, 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 9.10.2018 passed by Additional District Judge-IV-cum-Special Judge, SC/ST Act, Patna, in ABP No. 7104 of 2018 by which learned Special Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Salimpur P.S.Case No. 169 of 2018 registered under Sections 341, 323, 379, 354, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r), 3(ii)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the accused persons, including the appellant is of assault to the informant and also of snatching money. Submission of learned counsel for the appellant is that six persons have been named in the FIR, including the appellant and nothing specific has been attributed against the appellant and he has been made accused due to village rivalry.

Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.4723 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 District Judge-IV-cum-Special Judge, SC/ST Act, Patna, in connection with Salimpur P.S.Case No. 169 of 2018, read with Special Case No. 319 of 2018, 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 9.10.2018 is set aside.

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