In a bail appeal, the Patna High Court allowed the application, setting aside the impugned order, and granted bail to the appellant on a bond of Rs. 25,000 with two sureties.
Appellant released on bail on furnishing bond of Rs. 25,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4217 of 2018
Arising Out of PS. Case No.-490 Year-2018 Thana- KANKARBAG District- Patna
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Ajay Lulha @ Ajay Gope Son of Late Vinda Ray Resident of Mohalla-Ashok Nagar Road No.13,Police Station-Kankarbagh,Distt.-Patna
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Raj Krishan Jha For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT
Date : 01-04-2019
Heard the parties.
The appellant is apprehending his arrest in connection with Spl. Case No.290 of 2018 arising out of Kankarbagh P.S.Case No.490 of 2018 , registered for offences punishable under Sections 341, 323, 324, 504, 506, 379, 34 of the Indian Penal Code and Section 3(1)(r) of SC/ST (Prevention of Atrocities) Act.
Allegation as per the FIR is that thee is scuffle between the parties with respect to playing of cricket and thereafter the appellant along with the others came and assaulted the informant by bat and when the informant case to enquire about the same at the house of the appellant he was again assaulted by ‘ Rod’ and ‘ Talbar’ and snatched away Rs.26,000/-/- .
Submission of the learned counsel for the appellant is that the FIR itself shows that the occurrence took place with respect to playing cricket and just to make the case serious the allegation of abusing by caste name and snatching of Rs.26,000/- has been made.
Patna High Court CR. APP (SJ) No.4217 of 2018 dt.01-04-2019 2/2
Heard learned Spl.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge -IVth -cum-Special Judge, SC.ST Act, Patna in connection with Spl. Case No.890 of 2018 arising out of Kankarbagh P.S.Case no.490 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid observation, this appeal is allowed and the impugned order is set aside.
(Vinod Kumar Sinha, J)
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1 issue framed by the court
Whether the appellant is entitled to preventive bail under Section 438 CrPC amidst serious allegations including SC/ST atrocities.
1 provisions across 1 enactments
Ajay Lulha @ Ajay Gope
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
