Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1768 of 2021 Arising Out of PS. Case No.-260 Year-2020 Thana- BARH District- Patna ====================================================== BADAL KUMAR, Son of Ram Janam Yadav @ Lallu Rai, Resident of Village and Post- Bhatgaon, P.S.- Barh, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Prem Kumar, Advocate.

For the Respondent/s :

Mr. Sadanand Paswan, 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 23.01.2021 passed by the learned Addl. Sessions Judge-III cum Special Judge, SC/ST Act, Patna in Barh P.S. Case No. 260 of 2020 registered under Sections 341, 323, 307 and 504/34 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. The appellant allegedly caused fire arm injury at the leg. Appellant has got no criminal antecedent. He is in custody since 01.09.2020. Investigation of the case is already complete.

Patna High Court CR. APP (SJ) No.1768 of 2021(2) dt.01-07-2021 2/2 Considering the fact that there is nothing to substantiate that the appellant is going to tamper with the evidence, 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