Shyam Nandan Rai @ Nandi Kumar @ Shyam Nandan Kumar @ Nandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.9 of 2019 Arising Out of PS. Case No.-255 Year-2017 Thana- MAHNAR District- Vaishali ====================================================== Shyam Nandan Rai @ Nandi Kumar @ Shyam Nandan Kumar @ Nandi Shatrudhan Rai Resident of village- Narainpur Dedhpura, P.S- mahanar DistVaishali ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sunil Kumar Singh For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 Heard the parties.

By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 25.10.2018 passed in ABP No.2046 of 2018 for the offences punishable under Sections 341, 323, 427, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)/3(2)(va) of SC/ST Act by the learned Addl. Sessions Judge I cum Special Judge, Vaishali at hajipur whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

Allegation is against the other accused persons of abusing by caste name and there is allegation of assault by fists and slaps. Submission of the learned counsel for the appellant is that except allegation of assault by fists and slaps there is no other allegations against him.

Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.9 of 2019 dt.24-01-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge I cum Special Judge Vaishali at Hajipur in connection with ABP No.2046 of 2018 arising out of Mahnar P.S.Case No.255 of 2017, subject to condition as laid down under Section 438 of Cr.P.C.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.1.2019 Transmission Date 28.1.2019