Chhotelal Murmu @Chhotelal Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1549 of 2021 Arising Out of PS. Case No.-353 Year-2014 Thana- AMARPUR District- Banka ====================================================== Chhotelal Murmu @ CHHOTELAL Hansda, Son of Late Bhim Hansda @ Bhim Murmur, Resident of Village- Mahadeo Asthan, P.S. Amarpur, DistrictBanka ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Dhananjay Kumar Pandey, Advocate.

For the Respondent/s :

Mr. Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-06-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

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 14.12.2020 passed by the learned 1st Addl. Sessions Judge, Banka in Amarpur P.S. Case No. 353 of 2014 registered under Sections 302/201/34 of the Indian Penal Code and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The F.I.R. of the occurrence of murder is against unknown. Name of the appellant surfaced in the confessional statement of co-accused Munna Yadav who has already been

Patna High Court CR. APP (SJ) No.1549 of 2021(2) dt.30-06-2021 2/2 allowed bail.

Considering the fact that there is no direct material against the appellant and investigation of the case is already complete, let the appellant, above named, 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, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) 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) mantreshwar/- U T