Bablu Kumar @ Bablu Kumar Yadav @ Bablu Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1865 of 2021 Arising Out of PS. Case No.-69 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Bablu Kumar @ Bablu Kumar Yadav @ Bablu Kumar Nirala S/O Ravindra Yadav R/o village- Tekanma, Ward No. 9, P.S.- Sourbazar (Patarghat O.P.), District- Saharsa ... ... Appellant/s

Versus

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

For the Appellant/s :

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

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 29.01.2021 passed by the learned Additional Sessions Judge-III-cum-Special Judge, Saharsa, in connection with Sour Bazar (Patarghat O.P.) Police Station Case No.69 of 2018, registered under Sections 302/34 of the Indian Penal Code

Patna High Court CR. APP (SJ) No.1865 of 2021(2) dt.06-07-2021 2/3 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR was lodged against unknown on recovery of dead-body of the son of the informant which was hanging with tree. During investigation suspicion was raised against several persons for the reason that they used to take liquor together with the deceased.

Submission is that other suspects have already been allowed bail by different coordinate Benches of this Court. Considering substance in the submission aforesaid, let the appellant, above 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 Courtbelow 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.

Patna High Court CR. APP (SJ) No.1865 of 2021(2) dt.06-07-2021 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

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