Bikkey Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1771 of 2021 Arising Out of PS. Case No.-318 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== BIKKEY SAH, Son of Chandra Bhushan Sah @ Shashibhushan Sah, Resident of Village - Bhawanipur, Police Station - Bakhari, District - Begusarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manoj Kumar, Advocate.

For the Respondent/s :

Mr. Binay Krishna, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2021 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 08.01.2021 passed by the learned Special Judge, SC/ST (POA) Act, Begusarai in Bakhari P.S. Case No. 318 of 2019 registered under Sections 376, 511, 307, 452, 504 and 506/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In a condition of inebriation, the co-accused allegedly dragged to the wife of the informant and abused the informant

Patna High Court CR. APP (SJ) No.1771 of 2021(2) dt.01-07-2021 2/2 and others. Appellant who is brother of Bittu is in custody since 04.01.2020.

Considering the nature of allegation and period already undergone, 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 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