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Patna High CourtCR. APP (SJ)/3731/2018disposed

Akhilesh Kumar Sah v. The State Of Bihar

2019-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3731 of 2018 Arising Out of PS. Case No.-291 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Akhilesh Kumar Sah son of Dwarika Sah resident of village Gouspur Ijara, P.S. Hajipur Sadar, District Vaishali.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anita Kumari Singh For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 31-01-2019 By way of this memo of appeal,preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 26.6.2018 passed in B.P.No.1067 of 2018 in connection with Hajipur Sadar P.S.Case No.291 of 2018for the offences punishable under Section 323, 307, 379 and504 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST Act by the learned Additional District Judge I, Vaishali at Hajipur, whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

Allegation against the appellant is of abusing the informant by caste name and also assaulting him.

Submission of the learned counsel for the appellant is that there is case and counter case also lodged by the uncle of the

Patna High Court CR. APP (SJ) No.3731 of 2018 dt.31-01-2019 2/2 appellant against the informant and due to that present false and concocted case has been lodged.

Heard learned Special P.P. and the learned counsel for the informant, who has opposed the prayer for bail.. Having heard both sides, considering the facts and circumstances of the case, this appeal is disposed of with direction to the appellant to surrender within a period of six weeks from the date of receipt of the order and pray for regular bail, which shall considered on the basis of of the fact that he was on police bail and he has not misused the privilege of bail and he will try to dispose of the same if possible on the same day.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 1.2.2019 Transmission Date 1.2.2019