Jeetu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.847 of 2019 Arising Out of PS. Case No.-418 Year-2018 Thana- BEUR District- Patna ====================================================== JEETU RAI, aged about 46 yeas, (Male) S/o Late Basudeo Rai Resident of Village- Hasanpura, Parnadi, P.S.- Beur, District- Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Tej Pratap Singh, adv.

For the Respondent/s :

Mr.Sadanand Paswan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard the parties.

This is an appeal under Section 14(A) of SC & ST (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 04.02.2019 passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Patna, in connection with Special Case No. 02 of 2019 arising out of Beur P.S. Case No. 418 of 2018, registered under Sections 3 (i) (x) of SC /ST Act. Informant has alleged that on 27.12.2018 in the morning while he was returning after purchasing vegetables then appellant stopped him in midway and started abusing him and on protest he assaulted by iron rod on his head and hand and always used to abuse him by his caste name. It has been submitted on behalf of the appellant

Patna High Court CR. APP (SJ) No.847 of 2019(2) dt.12-03-2019 2/3 that he is innocent and has been falsely implicated in this case. Informant has not suffered any injury and allegations as made out in FIR are false. Appellant has no criminal antecedent and is in custody since 11.01.2019.

Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon furnishing bail bond of Rs. 20,000/- (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, with following conditions :

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the appellant tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the

Patna High Court CR. APP (SJ) No.847 of 2019(2) dt.12-03-2019 3/3 appellant.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(S. Kumar, J) Rajiv/- U T