Pawan Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2054 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- ISUAPUR District- Saran ====================================================== PAWAN KUMAR MANJHI, aged about 23 years, Male, S/o Ramlal Manjhi Resident of Village- Rampur Atauli, P.S.- Isuapur, District- Saran at Chapra. ... ... Appellant

Versus

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

For the Appellant/s :

Mr. Murari Narain Chaudhary, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-09-2021 Heard the parties in virtual Court proceeding. Let the defects be removed within four weeks of 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 by order dated 09.02.2021 passed by the learned 1st Additional Sessions Judge cum Special Judge SC/ST (POA) Act, Saran at Chapra in connection with Isuapur P.S. Case No. 193 of 2020 registered under Sections 307, 324, 504/34 of the I.P.C., Section 25(1-b) A, 26, 27, 35 of the Arms Act and Section 3(1)(r)(s) of the SC/ST Act.

From the possession of the appellant a pistol and a dagger was recovered besides three blank cartridges and it was

Patna High Court CR. APP (SJ) No.2054 of 2021(3) dt.14-09-2021 2/2 suspected that the appellant had fired causing injury at the thigh. The doctor found consistent firearm injury at the femur. Appellant is in custody since 22.11.2020.

Considering the facts aforesaid, let the appellant, above named, be released on bail, after framing of the charges so that the trial may not hamper, 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