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Patna High CourtCR. APP (SJ)/2020/2019allowed

Shishu Pal Prajapati @ Shishu Pal Prajapat v. The State Of Bihar

2019-05-22Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2020 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- ROSHANGANJ District- Gaya ====================================================== 1.

Shishu Pal Prajapati @ Shishu Pal Prajapat Son of Niranjan Prajapati Resident of Village-Juri, P.S.-Bankey Bazar, District-Gaya. 2.

Sanjay Prajapati @ Sanjay Prajapat Son of Prabhu Prajapati Resident of Village-Juri, P.S.-Bankey Bazar, District-Gaya. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arvind Kumar Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 22-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Roshanganj (Bankey Bazar) P.S. Case No. 60 of 2019 registered under Sections 341, 447, 323 and 354/34 of the Indian Penal Code and Section 3(i) (r) (s) w (i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellants is that the appellants are quite innocent and have falsely been implicated in the present case. Further submission is that in the instant case, the first information report is lodged after

Patna High Court CR. APP (SJ) No.2020 of 2019 dt.22-05-2019 2/2 two days of the alleged occurrence.

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 Exclusive Special Judge, SC/ST Act, Gaya in connection with Roshanganj (Bankey Bazar) P.S. Case NO. 60 or 2019, 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/- AFR/NAFR CAV DATE Uploading Date Transmission Date