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Patna High CourtCR. APP (SJ)/3310/2019allowed

Sapan Mandal @ Sapan Kumar v. The State Of Bihar

2019-10-23Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3310 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- KHARHAGPUR District- Munger ====================================================== SAPAN MANDAL @ SAPAN KUMAR Son of Late Singeshwar Mandal Resident of Village - Baijhalpur, P.S.- Kharagpur, District - Munger ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-10-2019 Heard learned counsel for the appellant and the learned counsel appearing for the State.

This appeal is directed against the order dated 17.05.2019 passed by 1st Additional Sessions Judge, Munger in connection with Kharagpur P.S. Case No. 234 of 2018 registered under sections 302, 307, 324/34 of the Indian Penal Code.

Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case due to dirty village politics and previous enmity. Nothing specific is alleged against this petitioner. During investigation also, none of the witnesses has supported the prosecution case. Appellant has no criminal antecedent and

Patna High Court CR. APP (SJ) No.3310 of 2019(4) dt.23-10-2019 2/2 is in custody since 22.07.2018. In the case charge already been framed on 03.12.2018.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, 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 Sessions Judge-cum-Special Judge, Munger (SC/ST Act) in connection with Kharagpur P.S. Case No. 234 of 2018.

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

(Arvind Srivastava, J) mcv/- U T