Kanhaiya Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1005 of 2019 Arising Out of PS. Case No.-1 Year-2017 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Kanhaiya Ram, son of Shivam Das, Resident of Village-Bhikhanchak Salempur, P.S-Bachhwara, Dist.-Begusarai ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjan Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 16-04-2019 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 14.12.2018 passed by the learned Special Judge (S.C./S.T. Act), Samastipur in connection with Vidhyapati Nagar P.S. Case No.01 of 2017, T.R. No.741 of 2018 and 06 of 2017 registered under Sections 302, 109, 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant has suspicion against the FIR named accused persons to have committed murder of the husband of the informant. Appellant is not named in the FIR. During confession

Patna High Court CR. APP (SJ) No.1005 of 2019 dt.16-04-2019 2/2 of co-accused, name of appellant surfaced. Appellant is in custody since 02.01.2018. Investigation of the case is already completed. Considering the aforesaid fact, 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 investigation / trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the appellant.

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

(Birendra Kumar, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17/04/2019 Transmission Date 17/04/2019