Terash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1494 of 2021 Arising Out of PS. Case No.-181 Year-2020 Thana- BHAGWAN BAZAR District- Saran ====================================================== TERASH RAI, Son of Ras Narain Rai, Resident of Village - Chanda, P.S. - Madhaura, District - Saran at Chapra. ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Udai Shankar Singh, Advocate For the Respondent/s :
Mr. Usha Kumari, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 29-06-2021 Let the defects be removed within a period of four weeks after start of the physical Court.
The matter has been taken up through virtual Court proceeding.
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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 23.12.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Saran at Chapra in connection with SC/ST Trial No. 112 of 2020 arising out of Bhagwan Bazar P.S. Case No. 181 of 2020 registered under Sections 341, 323, 308, 147 of the Indian Penal Code as well as Section 3(i)(r)(s) of the SC/ST Act.
Considering the nature of allegation of commission of assault and the fact that the appellant is in custody since last more than
Patna High Court CR. APP (SJ) No.1494 of 2021 dt.29-06-2021 2/2 one year, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the following conditions:- (a) 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. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The appellant shall not leave the country without permission of the learned trial court.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 30.06.2021 Transmission Date 30.06.2021