Manjit Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1175 of 2021 Arising Out of PS. Case No.-449 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

MANJIT SAH, S/o Bhulayee Sah, Resident of Village- Padari, P.S.- Chautarwa, District- West Champaran.

2.

Bhulayee Sah, S/o Naga Sah, Resident of Village- Padari, P.S.- Chautarwa, District- West Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Respondent/s :

Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-03-2021 Let the defects be removed within four weeks. Heard the parties.

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 vide order dated 25.11.2020 passed by the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), Bettiah, West Champaran in Chautarwa P.S. Case No. 449 of 2020 registered under Sections 147, 148, 149, 341, 307, 323, 302 and 504 of the Indian Penal Code and Sections 3(i)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.1175 of 2021(2) dt.24-03-2021 2/2 Specific allegation is against the co-accused Sanjay Sah to have committed assault with iron rod causing death of the father of the informant. There is general and omnibus allegation against the appellants for commission of assault. Considering the nature of allegation and completion of investigation, let the appellants, above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) each 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 following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellants shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

(c) The appellants shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T