Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3874 of 2018 Arising Out of PS. Case No.-275 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Vijay Kumar S/o late Ramchandra Prasad @ Ramchand Prasad Resident of Village-Makdumpur Distt P.S. Makdumpur Distt. Jehanabad ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ratneshwar Prasad For the Respondent/s :
Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 The appellant seeks pre arrest bail in connection with Makhdumpur P.S. Case No. 275 of 2018, registered for offences punishable under Sections 323, 341, 342, 504, 506/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act and Section 3(X) of SC/ST Act. Allegation against the appellant and others is that they caught hold of the informant and the appellant asked about his niece and when the informant told them that he did not know about his niece, then, appellant and others assaulted him and abused him by caste name.
It has been submitted on behalf of the appellant that he has falsely been implicated in this case, as earlier the appellant has lodged a case against the informant and others for kidnapping of his niece and for that the present false and
Patna High Court CR. APP (SJ) No.3874 of 2018(4) dt.11-01-2019 2/2 concocted case has been lodged by the informant in order to save his skin.
Learned Special P.P. could not controvert the above submissions of learned counsel for the appellants Having heard both sides, considering the facts and circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I, Jehanabad, in connection with Makhdumpur P.S. Case No. 275 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.
Accordingly, this appeal is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sunilkumar/- U T