Surendra Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.799 of 2016 Arising Out of PS.Case No. -328 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Surendra Kumar Yadav S/o Ganesh Yadav resident of Village - Sirishtapur, P.S. - Janta Bazar, District - Chapra.

2. Diwakar Kumar Singh S/o Kamla Kant Prasad Singh Resident of Manas Marg, South Nehru Nagar, P.S. Patliputra, District - Patna. .... .... Appellants

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Rajeev Ranjan Prasad, Advocate Mr. Rajendra Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-11-2016 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Learned Special Public Prosecutor for the State after going through the case-diary has conceded that the statement of Mantoon Ram has not been recorded under Section 161(3) of the Code of Criminal Procedure by the Investigating Officer till date.

Considering the facts and circumstances noticed by this Court in its order dated 06.10.2016, impugned order dated 22.08.2016 passed by the learned Special Judge, SC/ST,

Patna High Court CR. APP (SJ) No.799 of 2016 (4) dt.30-11-2016 2/2 Begusarai in connection with Muffasil P. S. case NO. 328 of 2016 is set aside. The provisional bail granted to the appellant vide aforesaid order dated 06.10.2010 is hereby confirmed. The appeal stands allowed.

(Ashwani Kumar Singh, J.) Kanchan/- U T