Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1820 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== RUPESH KUMAR, Son of Sadanand Roy, Resident of Begusarai, P.S. - Begusarai, Distt. - Begusarai, Presently residing at Ara Garden Residency, House No. 701, Bailey Road, Patna P.S. - Rupaspur Town, and Distt. - Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anwar Karim, Advocate For the Respondent/s :

Mr. Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 26-03-2021 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 01.02.2021 in B.P. No. 402 of 2021 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, S.C./S.T., Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 173 of 2020 registered under Sections 420, 406/34 of the Indian Penal Code as well as Sections 3(i)(x) of the SC/ST Act.

Appellant is ready to refund rupees two lacs fifty thousand to the informant in five monthly installment through bank draft.

Patna High Court CR. APP (SJ) No.1820 of 2021 dt.26-03-2021 2/2 Hence, let the appellant, above named, be released on provisional 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, subject to the following conditions:- (a) 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. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The appellant shall not leave the country without permission of the learned trial court. (d) After deposit of the aforesaid amount, the learned court below shall confirm the bail bond of the appellant otherwise not.

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

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 27.03.2021 Transmission Date 27.03.2021