Durgesh Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.181 of 2020 Arising Out of PS. Case No.-7 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== DURGESH KUMAR RAM S/o Late Prabhunath Ram R/o Village- Balua, Sarna Mathiya, P.S.- Darauli, District- Siwan. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Kundan Kumar Singh 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 08.01.2020 in Mairwa P.S. Case No. 07 of 2019 passed by learned 1st Addl. Sessions Judge-cum-Special Judge, Siwan in connection with aforesaid case, registered under Sections 302/34 of the Indian Penal Code, r/w sections 3 (2), V(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Submissions is that co-accused Amit Kumar and Mohit Kumar were granted anticipatory bail by a co-ordinate Bench of this Court and allegation against the appellant is on better footing to others co-accused.
Patna High Court CR. APP (SJ) No.181 of 2020(2) dt.05-02-2020 2/2 Considering the aforesaid facts, 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