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Patna High CourtCR. APP (SJ)/1837/2021allowed

Aajo Manjhi v. The State Of Bihar

2021-08-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1837 of 2021 Arising Out of PS. Case No.-45 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== AAJO MANJHI SON OF PACHKORI MANJHI R/O - MAJHGAY, P.S.- SHAMPUR (KHARAGPUR), DISTRICT- MUNGER.

... ... Appellant

Versus

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

For the Appellant/s :

Mr. Kamal Kishore Jha, 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. Appeal is barred by limitation. Delay is explained in I.A. No. 01 of 2021.

For substantial justice, delay is condoned.

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 18.08.2020 passed by the learned Special Judge (SC/ST) Act, Munger in connection with Kharagpur (Shampur) P.S. Case No. 45 of 2020 registered under Sections 302, 201/34 of the I.P.C., and Section 3(2)(v) of the SC/ST Act. Only suspicion is there against the appellant of being involved in the murder. Appellant has got no criminal antecedent. He is in custody since 19.05.2020.

Patna High Court CR. APP (SJ) No.1837 of 2021(3) dt.16-08-2021 2/2 Considering the entire facts aforesaid, 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