Sipahi Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.48 of 2020 Arising Out of PS. Case No.-309 Year-2019 Thana- SAHPUR District- Patna ====================================================== SIPAHI RAI, Son of Shri Mahtab Rai @ Motab Ray Resident of VillageRaghurampur Tola, Khaurahi Tola, P.S-Shahpur, District-Patna. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Awadhesh Kumar For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2020 Heard learned counsel for the parties.
This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 against refusal of the prayer for bail by order dated 09.12.2019 in Special Case No. 371 of 2019, arising out of Shahpur P.S. Case No. 309 of 2019 passed by learned Additional District and Sessions Judge VIII-cum-Special Judge (SC & ST Act), Patna in connection with aforesaid case, registered under Sections 147, 148, 149, 341, 323, 307, 504, 506, 379, 427 and 436 of the Indian Penal Code as well as under Section 3 (1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Considering the general and omnibus nature of allegation of commission of assault and theft against 13 persons
Patna High Court CR. APP (SJ) No.48 of 2020(2) dt.05-02-2020 2/2 listed in the F.I.R., let the appellant, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Ranjeet/Gaurav U T