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Patna High CourtCR. APP (SJ)/1765/2021disposed

Indrajeet Singh @ Mohan Singh v. The State Of Bihar

2021-07-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1765 of 2021 Arising Out of PS. Case No.-16 Year-2014 Thana- KATRA District- Muzaffarpur ====================================================== Indrajeet Singh @ Mohan Singh, Son of Late Raghunath Singh, Resident of Village- Jamalpur P.S.- Kathaiya, District- Muzaffarpur ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Jha, Advocate.

For the Respondent/s :

Mr.Sadanand Paswan, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2021 Let the defects, if any, 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 20.10.2020 passed by the learned A.D.J.-III cum Special Judge, SC/ST Act, Muzaffarpur in Katra P.S. Case No. 16 of 2014 registered under Sections 420, 409 and 406 of the Indian Penal Code and Section 4 of the SC/ST Act. Allegation against the appellant is of misappropriation of scholarship money which was meant for students. Learned counsel for the appellant submits that since the appellant was in-charge of four Panchayats, due to pressure of work, he could not distribute the scholarship amount. Appellant is ready to deposit the said amount in the bank

Patna High Court CR. APP (SJ) No.1765 of 2021(2) dt.01-07-2021 2/2 account from which it was withdrawn, within two months from the date of his release.

In view of the aforesaid undertaking, let the appellant, above named, be released provisionally for three months, 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.

In no circumstance, the time of provisional bail shall be extended in future.

If the appellant would deposit the aforesaid amount, the learned court below shall confirm the bail bond, otherwise the appellant would surrender.

Accordingly, the appeal stands disposed of.

(Birendra Kumar, J) mantreshwar/- U T