Dayanand Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3822 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== DAYANAND KUNWAR Son of Ragho Kunwar Resident of village - Balau, P.S.- Maharajganj, District - Siwan ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Wakil Nat Son of Late Ajij Nat Resident of Village - Balau, P.S.- Maharajganj, District - Siwan ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ashok Kumar, Adv.
For the Respondent/s :
Mr.Sadanand Paswan, APP Mr. Udit Narayan Singh, Adv.
Mr. Gajendra Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-04-2023 Heard learned counsel for the appellant, learned counsel for the and the learned A.P.P. for the State. This appeal is directed against the order dated 29.03.2022 passed by the learned Additional Sessions Judgecum-Special Judge, Siwan by which the application of the appellant for anticipatory bail has been rejected in connection with Maharjganj P.S. Case No. 152 of 2022 registered under Section 307 and other allied sections of the Indian Penal Code and 3(1)(r)(s), 3(2) (va) of the SC/ST (POA) Act. Learned counsel appearing on behalf of the appellant submits that similarly situated several co-accused persons have already been allowed bail by a Co-ordinate Bench of this Court
Patna High Court CR. APP (SJ) No.3822 of 2022(3) dt.27-04-2023 2/2 vide order dated 22.03.2023 passed in Cr. Appeal (SJ) No. 409 of 2023.
Having considered the above facts and circumstances of the case, the order dated 29.03.2022 passed in Maharjganj P.S. Case No. 152 of 2022 by the learned Additional Sessions Judge-cum-Special Judge, Siwan is hereby set aside and the above named appellant is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned court below in connection with Maharjganj P.S. Case No. 152 of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
Accordingly, the appeal stands allowed.
(Arvind Srivastava, J) anuradha/- U T