Sanyog Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.292 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== Sanyog Rai Son of Bhichhu Rai Resident of Village - Saraiya, P.S.- Rajepur, District - East Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma, Advocate For the Respondent/s :

Mr.Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2020 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 the refusal of prayer for anticipatory bail vide order dated 18.12.2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran at Motihari, in connection with Rajepur Police Station Case No.139 of 2019, registered under Sections 341/447/323/354/379/504/506/34 of the Indian Penal Code, Section 3⁄4 of the Dian Act and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Bare allegation against the appellant is of commission of theft of ornament at the time when others were

Patna High Court CR. APP (SJ) No.292 of 2020(3) dt.26-02-2020 2/2 committing assault. In may view, no offence under the SC/ST Act is made out against the appellant and the allegation appears to be ornamental one.

Hence, for substantial justice, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that 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.

The appellant 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) Mkr./- U T