Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1493 of 2021 Arising Out of PS. Case No.-121 Year-2020 Thana- DULHIN BAZAR District- Patna ====================================================== SONU KUMAR, SON OF SARYOUG KAHAR, RESIDENT OF VILLAGE AAINKHA, PS DULHIN BAZAR, DISTRICT PATNA ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shashank Shekhar, 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 23.09.2020 passed by the learned Special Judge SC/ST (POA) Act, Patna in connection with Dulhin Bazar P.S. Case No. 121 of 2020 registered under Sections 307, 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(2)(ii)(iii) of the SC/ST Act.

Appellant is suspected to have caused firearm injury at the hand of the wife of the informant for some old dispute. Appellant is in custody since 16.06.2020. Appellant has stated on oath that he has

Patna High Court CR. APP (SJ) No.1493 of 2021 dt.29-06-2021 2/2 got no criminal antecedent. Investigation of the case against the appellant is already complete.

Considering the period already undergone by the appellant and the nature of material against the appellant, 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 learned 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