Siyawar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1849 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- SC/ST District- Sitamarhi ====================================================== SIYAWAR RAY Son of Late Babulal Ray Resident of Village- Sirahi, Ward No.10, Bhokraha Tola, P.S.- Riga, District- Sitamarhi. ... ... Appellant

Versus

THE STATE OF BIHAR ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr. Shankar Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-08-2021 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 28.01.2021 passed by the learned 1st Additional Sessions Judge cum Special Judge, SC/ST (POA) Act, Sitamarhi in connection with Sitamarhi SC/ST P.S. Case No. 48 of 2020 registered under Sections 341, 448, 354B of the I.P.C., and Sections 3(1)(w)(i), 3(2)a(va) of the SC/ST Act. Considering the nature of allegation and completion of investigation as well as statement of the appellant on oath that he has got no criminal antecedent, 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

Patna High Court CR. APP (SJ) No.1849 of 2021(3) dt.16-08-2021 2/2 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