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Patna High CourtCR. APP (SJ)/2375/2019allowed

Pradeep Kumar Mandal @ Pradeep Mandal v. The State Of Bihar

2019-06-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2375 of 2019 Arising Out of PS. Case No.-61 Year-2017 Thana- SC/ST District- Araria ====================================================== 1.

PRADEEP KUMAR MANDAL @ PRADEEP MANDAL Son of Jageshwar Mandal Resident of Village- Sohadi Tola Dhumgar, P.S.- Bardaha (Sikty), District- Araria.

2.

Dharmendra Mandal @ Dharmanand Mandal Son of Kirnu Mandal Resident of Village- Sohadi Tola Dhumgar, P.S.- Bardaha (Sikty), District- Araria. 3.

Buddhinath Mandal Son of Late Annulal Mandal Resident of VillageSohadi Tola Dhumgar, P.S.- Bardaha (Sikty), District- Araria. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Mrigendra Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-06-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Araria SC/ST P.S. Case No. 61 of 2017 registered under Sections 323, 504, 506/34 of the Indian Penal Code and Section 3(i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellants is that the appellants have no criminal antecedent. They are innocent and have falsely been implicated in the present case.

Patna High Court CR. APP (SJ) No.2375 of 2019 dt.21-06-2019 2/2 Further submission is that in the present case, there is specific allegation against co-accused Dharmendra Paswan. Nothing specific has been alleged against the appellants. 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 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Araria in connection with SC/ST P.S. Case No. 61 of 2017 corresponding to Spl. Case No. 273 of 2017, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order dated 02.04.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date