Sunil Patel @ Sunil Kumar @ Sushil Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.976 of 2020 Arising Out of PS. Case No.-242 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== SUNIL PATEL @ SUNIL KUMAR @ SUSHIL PATEL S/o Vidhya Raut Resident of Village- Barkagao, P.S.- Pakaridayal, District- East Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pramod Kumar Pandey,Adv For the Respondent/s :

Mrs.Usha Kumari 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-06-2020 The matter has been taken up through Video Conferencing.

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 against the refusal of prayer for bail by order dated 12.02.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran at Motihari, in connection with Pakridayal Police Station Case No.242 of 2019 registered under Sections 341,323,504,34 of the Indian Penal Code and Section 3(i)(r)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The offences of the Indian Penal Code alleged

Patna High Court CR. APP (SJ) No.976 of 2020(3) dt.01-06-2020 2/2 against the appellant are bailable.

Hence, 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 condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the trial of the case and also the appellant shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

If the appellant would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

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

(Birendra Kumar, J) Nitesh/- U T