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Patna High CourtCR. APP (SJ)/2365/2019allowed

Yar Mohammad v. The State Of Bihar

2019-06-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2365 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- KODHOBARI District- Kishanganj ====================================================== YAR MOHAMMAD Son of Late Jauhar ali @ Jahar Ali Resident of VillageLaxmipur Talib Tola, P.S.- Kodhobari, District- Kishanganj. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ram Prawesh 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 appellant and learned Spl. P.P. for the State.

The appellant seek pre-arrest bail in connection with Kodhobari P.S. Case No. 17 of 2019 registered under Sections 341, 323, 353, 504, 34 of the Indian Penal Code and Section 3(i) (r) (s) 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 due to local politics. Further submission is that nothing specific has been alleged against the appellant in the first information report.

Patna High Court CR. APP (SJ) No.2365 of 2019 dt.21-06-2019 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, Kishanganj in connection with Kodhobari P.S. Case No. 17 of 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 dated 09.05.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date