Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.249 of 2021 Arising Out of PS. Case No.-154 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== 1.

ALOK KUMAR Son of Charitar Rai @ Charit Rai Resident of Village - Laskaripur, P.S.- Kanti, Distt.- Muzaffarpur. 2.

MOHAN KUMAR @ RISHAP RAI @ RISHAP RAJ Son of Charitar Rai @ Charit Rai Resident of Village - Laskaripur, P.S.- Kanti, Distt.- Muzaffarpur.

3.

VIKASH KUMAR Son of Dinesh Rai Resident of Village - Laskaripur, P.S.- Kanti, Distt.- Muzaffarpur.

4.

KAUSHAL KUMAR Son of Braj Nandan Kumar @ Sanjay Rai Resident of Village - Sadatpur, P.S.- Kanti, Distt.- Muzaffarpur. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bela Singh, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-10-2021 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Kanti P.S. Case No. 154 of 2019 registered under Sections 147, 148, 149, 341, 323, 353, 504, 120B and 385 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 appellants is that the appellants are innocent and have falsely been implicated in this case. Further submission is that the appellants are local and have no concern with the aforesaid occurrence. There has no specific allegation levelled against them.

Patna High Court CR. APP (SJ) No.249 of 2021(2) dt.26-10-2021 2/2 Appellants have no criminal antecedent.

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 before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the 3rd Additional Sessions Judge-cum-Special Judge, SC/ST, Muzaffarpur in connection with Kanti P.S. Case No. 154 of 2019, 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 05.10.2020 is set aside. (Arvind Srivastava, J) utkarsh/- U T