Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3768 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- SHAHKUND District- Bhagalpur ====================================================== Amar Kumar Son of Bindeshwari Prasad Singh Resident of Village Amkhoriya, P.S. Sajour, District- Bhagalpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Praveen Kumar Agrawal For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Shakund (Sajour) P.S.Case no.142 of 2018 , registered for offences punishable under Sections 341, 323, 325, 307, 34 of the Indian Penal Code and Section 3(i)(v), 3(2), 3(2)(ve) of S.C./S.T. (Prevention of Atrocities) Act.

Allegation against the appellant and the other accused persons is of coming variously armed and assaulted the informant causing injury.

Submission of the learned counsel for the appellant is that the FIR itself shows that there was dispute from before and no specific allegation has been attributed. Neither there is any allegation of abusing by taking caste name nor the informant was assaulted knowing the fact that he belongs to the scheduled

Patna High Court CR. APP (SJ) No.3768 of 2018(3) dt.07-01-2019 2/2 caste.

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 Shakund (Sajour) P.S.Case no.142 of 2018 in connection with IIIrd Additional Sessions Judge-cumSpecial Judge, Bhagalpur, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation. Accordingly, this appeal is allowed and the impugned order dated 29.8.2018 is set aside.

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