Dhananjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2182 of 2021 Arising Out of PS. Case No.-449 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== DHANANJAY SAH Son of Bhulayee Sah Resident of Village - Padari, P.S.- Chautarwa, Distt.- West Champaran.

... ... Appellant

Versus

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

For the Appellant/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-08-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court proceeding. 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 17.02.2021 in B.P. No. 684/2021 passed by the learned Additional Sessions Judge-1st cum Special Judge (SC/ST), Bettiah, West Champaran in connection with Chautarwa P.S. Case No. 449 of 2020 registered under Sections 147, 148, 149, 341, 307, 323, 302, 504 of the I.P.C., and Sections 3(i)(r)(s), 3(2)(v) of the SC/ST Act. Submission is that co-accused Sanjay Sah is the assailant of the deceased and considering the aforesaid fact

Patna High Court CR. APP (SJ) No.2182 of 2021(2) dt.26-08-2021 2/2 some other co-accused has been allowed bail by this court. Appellant has got no criminal antecedent. Investigation of the case is already complete.

Considering the submission aforesaid, let the appellant, above named, be released on bail, 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