Arun Gupta @ Arun Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.696 of 2020 Arising Out of PS. Case No.-65 Year-2014 Thana- SC/ST District- Siwan ====================================================== 1.
ARUN GUPTA @ ARUN SAH 2.
Tuntun Gupta @ Tuntun Sah, Both are Sons of Late Deep Lal Sah, Resident of Village - Rajapatti Dumarshan, P.S. - Masarakh, District - Chapra, Saran ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Mukesh Kumar Singh, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-02-2020 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 09.01.2020 in SC/ST P.S. Case No. 65 of 2014 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, S.C./S.T., Siwan in connection with the aforesaid case registered under Sections 364, 302, 120(B) of the Indian Penal Code as well as Sections 3(i)(x) of the SC/ST Act. Submission is that suspicion has been raised against four named accused persons to be involved in the occurrence of murder. Out of the four, two have already been allowed bail by this Court vide order dated 03.12.2018 passed in Cr. Appeal (SJ) No. 3455 of
Patna High Court CR. APP (SJ) No.696 of 2020 dt.17-02-2020 2/2 2018 (Annexure-2).
Considering the aforesaid submission and the fact that only material against the appellants is suspicion, let the appellants, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each 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, subject to the following conditions:- (a) The appellants 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 appellants. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The appellants shall not leave the country without permission of the learned trial court.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 18.02.2020 Transmission Date 18.02.2020