Vyas Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1867 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- SC/ST District- Nalanda ====================================================== Vyas Giri Son Of Sri Sudhir Giri Resident Of Village- Pooran Bigha, P.S. Pawapuri (Giriak), District- Nalanda ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Satya Ranjan Sinha, 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)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 28.01.2021 passed by the learned 1st Additional Sessions Judge, Nalanda at Biharsharif, in connection with SC/ST Police Station Case No.59 of 2020 registered under Sections 341/323/307/504/506/34 of the Indian Penal Code and Section 3(i)(r)(s)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is general and omnibus allegation against the appellant and others to have assaulted to the informant. Other

Patna High Court CR. APP (SJ) No.1867 of 2021(2) dt.06-07-2021 2/2 co-accused have already been allowed bail by a coordinate Bench of this Court. The appellant has got no criminal antecedent. The dispute arose due to repair/non-repair of the mobile phone.

Considering the facts aforesaid and completion of investigation, 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 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 appeal is allowed.

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