The Patna High Court allowed a criminal appeal under Section 438 Cr.P.C. for pre-arrest bail, releasing the appellant who was accused of atrocities under SC/ST Act and Indian Penal Code in Sheikhpura.
Appellant released on bail by furnishing bond of Rs.25,000 with two sureties under Section 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.4789 of 2018
Arising Out of PS. Case No.-633 Year-2018 Thana- SHEKHPURA District- Sheikhpura
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Kundan Bind @ Kundan Kumar, Son of Bannu Bind @ Bonu Bind @ Ajay Bind, Resident of Village - Kare, P.S.- Sheikhpura, District- Sheikhpura
... ... Appellant
Versus
The State Of Bihar
... ... Respondent
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Appearance : For the Appellant/s : Mr.Syed. Rizwanul Haque, Advocate For the Respondent/s : Smt Usha Kumari No-1, Special P.P.
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT
Date : 05-02-2019
This appeal is for grant of pre-arrest bail to the appellant against the order dated 17.11.2018 passed by Additional District and Sessions JudgeI, Sheikhpura, in A.B.P. No.660 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Sheikhpura P.S.Case No. 633 of 2018, arising out of SC/ST Case No. 126 of 2018, registered under Sections 341, 323, 324, 307/34 of the Indian Penal Code and Sections 3(ii)(va) & 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Allegation against the appellant is that while son of the informant was cutting crops he assaulted him.
Submission of learned counsel for the appellant is that FIR itself shows that informant’s side was aggressor and injury is simple in nature, which will appear from Annexure-3 series.
Heard learned Special P.P.
Having heard both sides and in the facts and circumstances, let the appellant, named above, be released on bail, in the event of arrest or
Patna High Court CR. APP (SJ) No.4789 of 2018 dt.05-02-2019 2/2
surrender, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-I, Sheikhpura, in connection with Sheikhpura P.S. No. 633 of 2018, arising out of SC/ST Case No. 126 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.
Accordingly, the appeal is allowed and the impugned order dated 17.11.2018 is set aside.
(Vinod Kumar Sinha, J)
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1 issue framed by the court
Whether bail ought to be granted to the appellant in the present facts and circumstances.
1 provisions across 1 enactments
Kundan Bind @ Kundan Kumar
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
