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Patna High CourtCR. APP (SJ)/4483/2018allowed

Pankaj Kumar And ANR v. The State Of Bihar

2019-01-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4483 of 2018 Arising Out of PS. Case No.-297 Year-2018 Thana- DAUDNAGAR District- Aurangabad ======================================================

1. Pankaj Kumar and Anr Son of Raj Kumar Saundik,

2. Raushan Kumar, Son of Late Raj Kumar Saunduk, Both are resident of Daudnagar, Gola Road Ward No.16, P.S.- Daudnagar, District- Aurangabad. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Raj Kumar For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-01-2019 The appellants seek pre arrest bail in connection with Daudnagar P.S. Case No. 297 of 2018, registered for offences punishable under Sections 341, 323, 307, 379, 427, 504/34 of the Indian Penal Code and Section 3 (i)(r)(s) of SC/ST Act. Allegation against the appellants is that they damaged the wall of the informant and assaulted him and abused her by caste name.

It has been submitted on behalf of the appellants that there is land dispute between the parties and further there is case and counter case and though there is allegation of assault but the injury was found to be simple in nature.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and

Patna High Court CR. APP (SJ) No.4483 of 2018 dt.22-01-2019 2/2 circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I - cum-Special Judge SC/ST Act, Aurangabad, in connection with Daudnagar P.S. Case No. 297 of 2018, subject to the conditions laid down under Section 438 (2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned order is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date