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Patna High CourtCR. APP (SJ)/4020/2018allowed

Sujeet Kumar v. The State Of Bihar

2019-01-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4020 of 2018 Arising Out of PS. Case No.-520 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Sujeet Kumar, S/o Chandeshwari Prasad Rai, Resident of House No.- J- 142, P.C. Colony, P.S.- Kankarbagh, District- Patna. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Binod Kumar For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 The appellant seek pre arrest bail in connection with Agamkuan P.S. Case No. 520 of 2018, registered for offences punishable under Sections 147, 149, 504, 427 and 506 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act and Section 3(1) (D) (r) of SC/ST Act.

Allegation against the appellant, who happens to be executive Engineer of Housing Board is of abusing the informant and others by taking caste name and also told the informant and others that they have no right to education.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case, as earlier the appellant has lodged a case against the informant and others for grabbing the land of Housing Board and due to which, the present false and concocted case has been lodged and no such occurrence as alleged in the F.I.R. has ever taken place.

Patna High Court CR. APP (SJ) No.4020 of 2018(4) dt.08-01-2019 2/2 Learned Special P.P. could not controvert the above submissions of learned counsel for the appellants Having heard both sides, considering the facts and circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -IV - cum-Special Judge SC/ST Act, Patna, in connection with Agamkuan P.S. Case No. 520 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.

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