Anil Ray @ Anil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1599 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- PARSA District- Saran ====================================================== ANIL RAY @ ANIL RAI, Son of Ram Pravesh Rai, Resident of Village - Chak Sahbaj, P.S. - Parsa, District - Saran at Chapra. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sunil Prasad Singh, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 20-02-2021 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 29.05.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Saran in connection with Parsa P.S. Case No. 154 of 2019 registered under Sections 147, 148, 149, 448, 341, 323, 325, 307, 302, 427, 504, 506 of the Indian Penal Code as well as Sections 3(i)(r), 3(2)(va) of the SC/ST Act.
According to FIR, during occurrence of assault between a group of thirty to forty people, the appellant crushed the father of the informant with his tractor to death.
Learned counsel for the appellant submits that father of the informant might have died in a road accident. The appellant has
Patna High Court CR. APP (SJ) No.1599 of 2020 dt.20-02-2021 2/2 stated on oath that neither the appellant is a driver nor the appellant has any tractor. Appellant is in custody since 27.03.2020. Considering the facts aforesaid, 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, subject to the following conditions:- (a) The appellant shall fully cooperate with the investigation/trial of the case, failing which the learned 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.
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 22.02.2021 Transmission Date 22.02.2021