Manu @ Devansh Kumar @ Divyanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4282 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- BARIYARPUR District- Munger ====================================================== Manu @ Devansh Kumar @ Divyanshu Kumar, S/o Biran Mandal @ Birendra Kumar Singh, Resident of Village-Gandhipur, P.S.-Bariarpur, Distt. Munger.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Kumar Kamal Nayan For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Bariyarpur P.S.Case No.93 of 2018 dated 20.7.2018 , registered for offences punishable under Sections 341, 323, 307, 379, 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(r)(s) of S.C./S.T. (Prevention of Atrocities) Act. Allegation as per FIR is against the other accused persons of assaulting the informant causing injury and also of snatching the chain and Rs.3,000/-. The appellant was not named in the FIR.

Submission of the learned counsel for the appellant is that he has been named later on by the injured but no specific allegation of assault has been mentioned against him and he was

Patna High Court CR. APP (SJ) No.4282 of 2018(3) dt.10-01-2019 2/2 only said to be member of the mob.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant , above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Tribhuwan Nath ADJ Ist cum Spl. Judge SC/ST Act, Munger in connection with Bariyarpur P.S.Case nO.93 of 2018 dated 20.7.2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Accordingly, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) chn/- U t