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Patna High CourtCR. APP (SJ)/2139/2019allowed

Subhash 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.2139 of 2019 Arising Out of PS. Case No.-73 Year-2016 Thana- PIRPAINTI District- Bhagalpur ====================================================== SUBHASH KUMAR S/o Nawal Ram @ Nawal Ram Sri Mali Resident of Sutanganj (Behind of Block), P.S.- Sultanganj, District- Bhagalpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Tarun Prasad Mandal For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 23-05-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant seeks pre-arrest bail in connection with Pirpainti P.S. Case No. 73 of 2016 registered under Sections 341, 323, 504, 427, 379/34 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellant is that the appellant has no criminal antecedent. He is innocent and has falsely been implicated in the present case. Further submission is that on perusal of Annexure-3, it appears that there is case and counter case between the parties for the alleged occurrence.

Patna High Court CR. APP (SJ) No.2139 of 2019 dt.23-05-2019 2/2 Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhagalpur in connection with Pirpainti P.S. Case No. 73 of 2016, 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