Rupak Kumar @ Sonu Samrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4049 of 2018 Arising Out of PS. Case No.-762 Year-2017 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rupak Kumar @ Sonu Samrat, Son of Mithilesh Yadav @ Mithilesh Pd. Yadav, Resident of Village- Maranga Ward No.8, P.S.- K. Hat Maranga, District- Purnea.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ram Prawesh Kumar For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-02-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 31.08.2018 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, Purnea in ABP No. 66 of 2018 arising out of K.Hat P.S.Case No. 762 of 2017 (SC/ST Case No. 316/2017) registered under Sections 323, 325, 341, 379, 504/34 of the Indian penal Code and Sections 3(i)(x)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant along with other accused persons is of abusing the informant by taking caste name and they also assaulted him by lathi.

Submission of learned counsel for the appellant is that

Patna High Court CR. APP (SJ) No.4049 of 2018 dt.01-02-2019 2/2 police after investigation submitted final form against the appellant and has not sent him for trial but cognizance has been taken.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the earned 1st Addl. Sessions Judge-cum-Special Judge, Purnea in ABP No. 66 of 2018 arising out of K.Hat P.S.Case No. 762 of 2017 (SC/ST Case No. 316/2017); subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

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