Akhilesh Ray @ Akhilesh Yadav @ Akhilesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1965 of 2021 Arising Out of PS. Case No.-276 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== Akhilesh Ray @ Akhilesh Yadav @ Akhilesh Kumar Ray son of Late Ram Pujan Ray Resident of village- Mahadeo Chak, P.S- Koilwar, Dist- Bhojpur, Ara ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Zainul Abedin, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-07-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within two 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 18.02.2021 passed by the learned Additional Sessions Judge I-cum-Special Judge, Bhojpur at Ara, in connection with SC/ST Case No.174(A) of 2020, arising out of Koilwar P.S. Police Station Case No.276 of 2020, registered under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.1965 of 2021(2) dt.20-07-2021 2/2 The FIR would reveal that co-accused Bhuwar Rai is assailant by causing fire-arm injury to Muntu Rajak. The appellant is not named in the FIR.

Considering the facts aforesaid especially 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