Allowed

Sitesh Pathak @ Jhuman Pathak v. The State of Bihar

Patna HC1 Dec 2020CR. APP (SJ)/1838/2020

Case brief

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What is this about?

In a criminal appeal arising from a case involving offences under the NDPS Act and IPC, the High Court allowed the appeal and quashed the impugned order rejecting bail. The Court released the appellant on bail in view of his lack of criminal antecedents and prolonged custody.

What did the court decide?

The impugned order dated 07.07.2020 was set aside; the appellant was released on bail on a bond of Rs. 25,000 with two sureties.

Sitesh Pathak @ Jhuman Pathak Vs The State of Bihar — Caste Atrocities | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1838 of 2020

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Arising Out of PS. Case No.-274 Year-2020 Thana- KHAGARIA District- Khagaria

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======================================================

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SITESH PATHAK @ JHUMAN PATHAK S/o Jshodhar Pathak Resident of Village-Bela Simry, P.S.-Gangour, District-Khagaria.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Rajesh Kumar, Advocate For the Respondent/s : Mr.Sadanand Paswan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 01-12-2020

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Heard learned counsel for the appellant and the

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State.

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The appellant is aggrieved by the order dated 07.07.2020 passed by the Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Khagaria in Khagaria (Gangaur) P.S. Case No. 274 of 2020, G.R. No. 1082 of 2020 registered for the offences under Sections 448, 354B, 509, 504, 506/34 IPC and Sections 3(i) (r) (w)(i) va of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for grant of regular on behalf of the appellant has been rejected.

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Learned counsel appearing on behalf of the appellant would submit that the appellant has no criminal antecedent. The appellant is in custody since 19.06.2020. The appellant and the informant are next door neighbour and the dispute arose on

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Patna High Court CR. APP (SJ) No.1838 of 2020(2) dt.01-12-2020 2/2

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account of a trivial issue of committing nuisance.

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Considering the fact that the appellant has no criminal antecedent and he has remained in custody since 19.06.2020, the impugned order dated 07.07.2020 is set aside and the appeal is, accordingly, allowed.

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Let the appellant, above named, 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 Additional Sessions Judge-I-cum- Special Judge SC/ST Act, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 274 of 2020, G.R. No. 1082 of 2020.

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(Anil Kumar Upadhyay, J)

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spandey/-

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U T

Sitesh Pathak @ Jhuman Pathak v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sitesh Pathak @ Jhuman Pathak v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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