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Patna High CourtCR. APP (SJ)/4257/2018allowed

Chandan Kumar @ Nagina Kumar v. The State Of Bihar

2019-01-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4257 of 2018 Arising Out of PS. Case No.-197 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== Chandan Kumar @ Nagina Kumar Son of Brijnandan @ Bijay, Resident of Village/Mohalla- Kamal Bigha, P.S.- Katri Sarai, District- Nalanda. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pramod Kumar For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 The appellant seeks pre arrest bail in connection with Giriyak (Katri Sarai) P.S. Case No. 197 of 2018, registered for offences punishable under Sections 341, 323, 353, 379/34 of the Indian Penal Code and Section 30 (I)(r)(s) of SC/ST Act. Allegation is that while the work of preparation of ration card was going on some miscreants came and asked the informant to take up the work of another Panchayat and further allegation is that later on 5 to 6 persons came and assaulted the informant and two persons were identified in them as coaccused Chandan and Rajmani and it is also alleged that they abused the informant by caste name and snatched away his golden chain.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case and no specific

Patna High Court CR. APP (SJ) No.4257 of 2018(4) dt.11-01-2019 2/2 allegation either of assault or of abusing the informant by caste name has been attributed to the appellant.

Heard learned Special P.P. also.

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 Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge - cum-Special Judge Nalanda at Bihar Sharif, in connection with Giriyak (Katri Sarai) P.S. Case No. 197 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