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Patna High CourtCR. APP (SJ)/4804/2019disposed

Mantu Kumar v. The State Of Bihar

2019-12-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4804 of 2019 Arising Out of PS. Case No.-725 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Mantu Kumar, male, aged about 45 years, Son of Brinda Prasad Resident of Village - Nagauli, P.S.- Bhagwanganj, Distt - Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ajay Kumar Sinha For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 Heard learned counsel for the appellant and the learned counsel appearing on behalf of the State.

This appeal is directed against the order dated 25.09.2019 passed in A.B.P. No.6995/2019 in Special Case No.538 of 2018 arising out of Masaurhi P. S. Case No.725 of 2018 whereby and whereunder learned Special Judge, SC/ST-cumA.D.J.-XX, Patna has rejected the anticipatory bail filed by the appellant for the offences punishable under Sections 341, 323, 504, 353 of the Indian Penal Code read with Section 3(i)(r)(s) of SC/ST Act.

As per the F.I.R., there is allegation against the appellant that he abused the informant, who is public servant, by taking his caste name and also threatened him of dire consequences. Submission of the appellant is that as a matter of fact that he has applied for diesel subsidy for which there was some

Patna High Court CR. APP (SJ) No.4804 of 2019(3) dt.09-12-2019 2/2 mistake and he wants to make correction, for which informant was demanding money for the said purpose and he protested the same and he has been made accused in the case.

Learned Special P.P. has opposed the prayer for anticipatory bail.

In view of the above facts, this application is disposed of with a direction to the appellant to surrender and pray for regular bail which will be considered by the court below on the basis of materials available on record, if possible on same day, without being prejudiced by this order.

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