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Patna High CourtCR. APP (SJ)/1068/2018allowed

Vijay Pandit v. The State Of Bihar

2019-05-16Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1068 of 2018 Arising Out of PS. Case No.-30 Year-2017 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Vijay Pandit Son of Sohrai Pandit Resident of Village- Panchi Tola Kailash Nagar, P.S.- Sheikhopur Sarai, District - Sheikhpura ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Sunita Devi Wife of Ranjit Paswan Resident of Village- Panchi tola, Mirpur, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Satish Kumar For the Respondent/s :

Mr.Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 16-05-2019 Heard learned counsel for the appellant and the learned counsel appearing for the State.

This appeal is directed against the order dated 13.02.2018 passed by 1st Additional District & Sessions Judge, Sheikhpura in A.B.P. No. 14 of 2017 in connection with Sekhipur Sarai (SC/ST) P.S. Case No. 30 of 2017 registered under sections 341, 323, 54, 506/34 of the Indian Penal Code and Sections 3(2) (vos) 3 (R) of the SC/ST (Prevention of Atrocities) Act.

Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this

Patna High Court CR. APP (SJ) No.1068 of 2018 dt.16-05-2019 2/2 case due to previous enmity. The present first information report has been lodged after one week of the alleged occurrence without there being any plausible explanation for the delay. The appellant is a man of clean antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 1st Additional District and Sessions Judge, Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 30 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

This appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) mcv/- AFR/NAFR CAV DATE Uploading Date Transmission Date