Abhishek Kumar @ Abhishek Kumar Gope @ Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1993 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- CHANDI District- Nalanda ====================================================== ABHISHEK KUMAR @ ABHISHEK KUMAR GOPE @ ABHISHEK SINGH SON OF BALGOVIND PRASAD @ MAKHLU R/O VILLAGE - SANDHBIGHA, P.S. - KARAIPARSURAI, DIST. - NALANDA ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anil Kumar Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 27-07-2021 Heard the parties in virtual Court.

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 29.01.2021 passed by the learned 1st Additional Sessions Judge, Nalanda at Biharsharif in connection with SC/ST Case No. 25 of 2020 arising out of Chandi P.S. Case No. 57 of 2020 registered under Section 302 of the Indian Penal Code, Section 27 of the Arms Act as well as Section 3(i)(r) of the SC/ST Act.

The FIR of the occurrence of murder is against unknown. Name of the appellant surfaced in the confessional statement of co-accused. Thereafter, the appellant was remanded in this case from other case. Investigation of the case against the

Patna High Court CR. APP (SJ) No.1993 of 2021 dt.27-07-2021 2/2 appellant is already complete. Appellant is in custody since 09.12.2020.

Considering the facts aforesaid, let the appellant, above named, be released on bail on furnishing bail 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 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/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 29.07.2021 Transmission Date 29.07.2021