Rameshwar Rai @ Rameshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.797 of 2019 Arising Out of PS. Case No.-217 Year-2017 Thana- SAHPUR District- Bhojpur ====================================================== Rameshwar Rai @ Rameshwar Ray S/o Late Jhulan Rai Resident of VillageRam Dathi, P.S.-Shahpur, District- Bhojpur ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ravindra Kumar, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 19-06-2019 Heard learned counsel for the parties.
This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 21.03.2018 passed by the learned Additional Sessions Judge 1st , Bhojpur at Ara, in SC/ST Case No.604 of 2017, arising out of Shahpur (Karnamepur) Police Station Case No.217 of 2017, registered under Sections 341/324/307/506/120B/34 of the Indian Penal Code and Section 3(1)(r)/3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Later
Patna High Court CR. APP (SJ) No.797 of 2019 dt.19-06-2019 2/3 on offence under Section 302 of the Indian Penal Code was added.
The appellant is in custody since 20.01.2018. In the past prayer was refused vide Annexure-1 on 06.07.2018 with direction to the learned trial Judge to expedite the trial and appellant was allowed to renew the prayer for bail if the trial is not concluded even after completion of one year of custody of the appellant. The report of the learned trial Judge reveals that the trial has not concluded as yet.
Allegation is that three persons including the appellant fired at Rajendra Tatwa, who sustained injury and after 55 days of occurrence he died and according to the doctor septicemia is reason for cardiac arrest. Considering the entire facts, let the appellant, above named, be released on bail on furnishing bail bond 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 condition that the appellant shall fully cooperate with the trial of the case, failing which the court below shall
Patna High Court CR. APP (SJ) No.797 of 2019 dt.19-06-2019 3/3 be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NA CAV DATE NA Uploading Date 21.06.2019 Transmission Date 21.06.2019