Amit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1793 of 2021 Arising Out of PS. Case No.-299 Year-2020 Thana- RAJPUR District- Buxar ====================================================== AMIT KUMAR SHARMA Son of Someshwar Sharma Resident of VillageRauni, P.S.- Rajpur, District- Buxar. ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar, 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 23.01.2021 passed by the learned Additional Sessions Judge 1st cum Special Judge, Buxar in connection with SC/ST Case No. 147 of 2020 arising out of Rajpur P.S. Case No. 299 of 2020 registered under Sections 302/34 of the I.P.C., and Section 3(2)(v) of the SC/ST Act.

The FIR of the occurrence of murder of the husband of the informant is against unknown. In the further statement before the police the informant stated that appellant is under

Patna High Court CR. APP (SJ) No.1793 of 2021(2) dt.02-07-2021 2/2 suspicion. Appellant has got no criminal antecedent. Investigation of the case is already complete. Considering the nature of material against the appellant, 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) shahzad/- U T