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Patna High CourtCR. APP (SJ)/2078/2021allowed

Sanjay Kumar @ Sanjay Kumar Jaiswal v. The State Of Bihar

2021-08-09Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2078 of 2021 Arising Out of PS. Case No.-676 Year-2020 Thana- BAGHA District- West Champaran ====================================================== Sanjay Kumar @ Sanjay Kumar Jaiswal Son Of Bala Prasad R/O VillageMalahi Tola, Ward No.-8, P.S.- Bagaha, District- West Champaran (BIHAR) ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Arvind Kumar, Adv For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2021 Let the defect (s) be removed within four weeks after start of the physical Court.

Heard the parties in virtual Court.

This is an appeal under Section 14(A)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2016 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 27.01.2021 in B.P.No.3402 of 2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST), Bettiah, West Champaran, in connection with Bagaha (Pathkauli) Police Station Case No.676 of 2020 registered under Sections 341,323,324,307,385,506/34 of the Indian Penal Code and Sections 3(i)(r)(s)/3(2)v(a) of the

Patna High Court CR. APP (SJ) No.2078 of 2021(2) dt.09-08-2021 2/3 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellant is that he caused injury with dagger at the left shoulder of the informant. Learned counsel for the appellant submits that the Doctor has found simple injury. Allegation is concocted one. The appellant is in custody since 23.11.2020. Investigation of the case is already complete.

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, with following conditions:

(a) Both the bailors shall be 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

Patna High Court CR. APP (SJ) No.2078 of 2021(2) dt.09-08-2021 3/3 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T