← Library
Patna High CourtCR. APP (SJ)/1227/2021allowed

Dilip Patel v. The State Of Bihar

2021-04-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1227 of 2021 Arising Out of PS. Case No.-69 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== DILIP PATEL Son of Kewal Patel Resident of Village - Pamara, P.S.- Dumra, Distt.- Sitamarhi.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Madhubala Verma, Adv For the State :

Mr.Sadanand Paswan, APP For the Informant : Mr. Vishal Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-04-2021 Let the defects be removed within two weeks of the start of the physical Court.

Heard the parties in virtual Court.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 17.12.2020 in Punaura P.S.Case No.69 of 2019 passed by the learned 1st Additional Sessions Judge-cum-cumSpecial Judge (S.C./S.T. Act), Sitamarhi, registered under Sections 302/34 of the Indian Penal Code, and Section 3(i)(V) (V2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It appears that some other co-accused have already

Patna High Court CR. APP (SJ) No.1227 of 2021(2) dt.17-04-2021 2/2 been allowed bail by different Coordinate Benches of this Court. Allegation against the appellant stands on better footing to some of the accused, who were allowed bail. Investigation of the case is already complete.

Hence, let the appellant, above named, who is in custody since 09.06.2020, 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 and also the appellant shall not leave the country without permission of the learned Trial Court, 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) Nitesh/- U T