Anish Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.841 of 2020 Arising Out of PS. Case No.-365 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== ANISH KUMAR GUPTA Son of Rameshwar Prasad Gupta, Resident of Mohalla - Prakash Nagar, Ward No. 12, P.S. - Shikarpur, District - West Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-02-2020 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 03.02.2020 in B.P. No. 3983 of 2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in connection with the aforesaid case registered under Sections 447, 448, 435, 324, 427, 506/34 of the Indian Penal Code as well as Sections 3(i)(r) of the SC/ST Act. Considering the nature of offences alleged against the appellant and the fact that the appellant is in custody since 19.12.2019 as well as completion of investigation, let the appellant, above named, be released on bail on furnishing bail

Patna High Court CR. APP (SJ) No.841 of 2020(2) dt.24-02-2020 2/2 bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the following conditions:- (a) The appellant 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 appellant. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below. (c) The appellant 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/- U T