Muntul Kumar @ Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2874 of 2023 Arising Out of PS. Case No.-16 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
Muntul Kumar @ Mantu Kumar Son Of Late Ram Ishwar Dayal Resident Of Village- Punaichak, Road No. 09, Vindhyawashni Jewellers, PoSastrinagar, Ps- Sastrinagar, Distt- Patna 2.
Chandan Kumar @ Chandan Kumar Soni Son Of Late Bhampat Sonar @ Late Naresh Prasad Soni Resident Of Village- New Colony, Panchuchak Tari Godam, Bibiganj Danapur, Ps- Danapur, Distt- Patna At Present Punaichak Road No. 09, Vindhyawashni Jewellers, Po- Sastrinagar, Ps- Sastrinagar, Distt- Patna 3.
Bablu Kumar Soni Son Of Late Bhampat Sonar @ Late Naresh Prasad Soni Resident Of Mohalla- New Colony, Panchuchak Tari Godam, Bibingaj Danapur, Ps- Danapur, District- Patna At Present Punaichak, Road No. 09, Vindhyawashni, Jewelers, Po- Sastrinagar, Ps- Sastrinagar, District- Patna 4.
Arjun Kumar Sao @ Arjun Sao Son Of Late Mahavir Sao Resident Of At Girdhari Lodge Ke Makan Me Ashok Ke Paid Wala Gali Me, Road No. 5, Punaichak, Ps- Sastrinagar, District- Patna At Present Punichak, PsSastrinagar, District Patna At Present Om Sai Ram (LAIDES Silai Dukan) In Front Of Road No. 9, Beside Vaishnawi Jewelers, Punichak, Po- Sastrinagar, Ps- Sastrinagar, District- Patna ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Subhash Kumar Son Of Rajnish Kumar Chaudhary Resident Of VillagePunaichak, Ps- Sastrinagar, Distt- Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rudra Deo For the Respondent/s :
Mr. Binay Krishna :
Mr. Bindeshwar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2023 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State assisted by learned counsel for the respondent no.2.
2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.2874 of 2023(2) dt.16-08-2023 2/3 Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 01.06.2023 passed by learned Special Judge SC/ST Act, Patna in connection with Complaint Case No. 16 of 2019, registered under Sections 323, 341, 504, 379 and 506/34 of the Indian Penal Code and Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3. It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. There is compromise between the parties and this fact has also not denied by the learned counsel for the respondent no.2. Appellants have got no criminal antecedent as mentioned in para-3 of memo of appeal.
4. Learned Spl. PP for the State along with learned counsel for the respondent no.2 opposes the prayer for bail.
5. In the facts and circumstances of the case and the fact that there is compromise between the parties, let the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 learned Special
Patna High Court CR. APP (SJ) No.2874 of 2023(2) dt.16-08-2023 3/3 Judge SC/ST Act, Patna in connection with Complaint Case No. 16 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
6. Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J) ajay/- U T