Prem Kumar Mukhiya @ Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4670 of 2019 Arising Out of PS. Case No.-4 Year-2018 Thana- SC/ST BETTIAH District- West Champaran ====================================================== PREM KUMAR MUKHIYA @ PREM KUMAR Son of Late Rama Mukhiya Resident of Khap Tola Laxmipur, Police Station- Nautan, District- West Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arbind Kumar Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-10-2021 Heard learned counsel for the appellant and learned A.P.P. for the State.

The appellant seeks pre-arrest bail in connection with Chanpatiya SC/ST P.S. Case No. 04 of 2018 registered under Sections 341, 323, 354, 379, 504, 506, 34 of the Indian Penal Code and Section 3(i) (r) (w) (ii) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellant is that appellant is innocent and has falsely been implicated in the present case. Further, he contended that on perusal of Annexure2, it appears that earlier, a case bearing Nautan P.S. Case No. 16 of 2018 was also lodged by the appellant on the same date of occurrence. With a view to take revenge of that case, the present

Patna High Court CR. APP (SJ) No.4670 of 2019(3) dt.21-10-2021 2/2 case has been lodged against the appellant. It is also submitted that appellant has no criminal antecedent.

Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing personal bond to the satisfaction of the 1st Additional District Judge-cum-Special Judge, Bettiah, West Champaran in connection with Chanpatiya SC/ST P.S. Case No. 04 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order dated 29.08.2019 is set aside.

(Arvind Srivastava, J) shailendra/- U T