Robin Kushwaha @ Robin Ku. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1778 of 2021 Arising Out of PS. Case No.-428 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== ROBIN KUSHWAHA @ ROBIN KU. Son of Late Ganesh Kushwaha Resident of Village - Koraiya, P.S.- Sugauli, Distt.- East Champaran. ... ... Appellant

Versus

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

For the Appellant/s :

Mr. Ajay Kumar Tiwary, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-07-2021 Let the defects be removed within four weeks after start of the physical Court.

Heard the parties in virtual Court proceeding. 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 by order dated 04.02.2021 passed by the learned 1st Additional Sessions Judge, East Champaran, Motihari in connection with Sugauli P.S. Case No. 428 of 2020 registered under Sections 147, 149, 341, 323, 307, 302 of the I.P.C., Section 27 of the

Patna High Court CR. APP (SJ) No.1778 of 2021(2) dt.02-07-2021 2/3 Arms Act and Section 3(i)(r)(s) and 3(2)(v) of the SC/ST Act. The allegation of firing and commission of firearm injury and death is against co-accused Yadolal Kushwaha and Om Prakash Kushwaha. There is general and omnibus allegation against others including the appellant of commission of assault. Considering the nature of allegation against the appellant, statement of the appellant on oath that he has got no criminal antecedent and completion of investigation, let the appellant, above named, who is in custody since 13.01.2021, 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

Patna High Court CR. APP (SJ) No.1778 of 2021(2) dt.02-07-2021 3/3 appeal is allowed.

(Birendra Kumar, J) shahzad/- U T