Sudama Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.140 of 2021 Arising Out of PS. Case No.-130 Year-2020 Thana- NAUTAN District- Siwan ====================================================== 1.

SUDAMA PANDEY Son of Late Vikrama Pandey Resident of Village - Sikuvara, P.S.- Nautan, District - Siwan.

2.

Vinod Pandey Son of Sudama Pandey Resident of Village - Sikuvara, P.S.- Nautan, District - Siwan.

3.

Manoj Pandey Son of Sudama Pandey Resident of Village - Sikuvara, P.S.- Nautan, District - Siwan.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Prabhakar Singh, Advocate For the Respondent/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-10-2021 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Nautan P.S. Case No. 130 of 2020 for the offence registered under Sections 341, 323, 379 and 504/34 the Indian Penal Code and Sections 3(i)(r)/2(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. Learned counsel for the appellants submits that the appellants have been falsely implicated in this case. It is further submitted that the injury is simple in nature. It is further submitted that no offence is made out under the provisions of

Patna High Court CR. APP (SJ) No.140 of 2021(2) dt.27-10-2021 2/2 the SC/ST Act against the appellants. It is further submitted that the appellants have no criminal antecedent.

Having heard both sides and in the facts and circumstances of the case, let the appellants, above named, in the event of their arrest/surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st cum Special Judge (SC/ST), Act, Siwan in connection with Nautan P.S. Case No. 130 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

Accordingly the appeal is allowed and the impugned order dated 03.10.2020 passed in A.B.P. No. 1832 of 2020 is hereby set aside.

(Sunil Kumar Panwar, J) Jagdish/- U T