Rajendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.699 of 2020 Arising Out of PS. Case No.-75 Year-2019 Thana- SC/ST District- Muzaffarpur ====================================================== RAJENDRA SAH Son of Late Boudh Sah Resident of Village - Dharampur Ram, P.S.- Sahebganj, District - Muzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Arjun Prasad, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

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 28.01.2020 passed by the learned Special Judge (S.C./S.T. Act), Muzzarpur, in connection with Muzaffarpur SC/ST Police Station Case No.75 of 2019, registered under Sections 147/341/323/324/307/504/506 of the Indian Penal Code and Sections 3(i)(r)(s)/2(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Submission is that according to FIR on the order of this appellant co-accused Manish committed assault. Considering the nature of allegation against the appellant, who is aged about 60 years, let the appellant, above

Patna High Court CR. APP (SJ) No.699 of 2020(2) dt.18-02-2020 2/2 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 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- U T