Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4674 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== SANTOSH KUMAR Son of Arjun Prasad Resident of Village - Rasalpur, P.S.- Chakand, Distt - Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Kunwar Narayan Jamuar For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== 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 Belaganj P.S. Case No. 225 of 2019 registered under Sections 363, 365/34 of the Indian Penal Code and Section 3(i) (r), 2 (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellant is that the appellant is innocent and has falsely been implicated in the present case in order to put pressure upon him. Further submission is that on perusal of Annexure nos. 2 and 3, it appears that the petitioner gave legal notice to the informant for making payment but the informant could not make payment in time. The informant gave undertaking on the stamp paper that

Patna High Court CR. APP (SJ) No.4674 of 2019(4) dt.21-10-2021 2/2 he would return the said amount and if he does not do so, he is ready to face legal action. Further, he contended that the 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 Exclusive Special Judge, SC/ST Act, Gaya in connection with Belaganj P.S. Case No. 225 of 2019, 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 04.09.2019 is set aside.

(Arvind Srivastava, J) shailendra/- U T