Ranjit Ravidas @ Ranjit Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4712 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- KASHICHAK District- Nawada ====================================================== Ranjit Ravidas @ Ranjit Kumar Das, S/o Late Bishun Ravidas @ Bishundeo Ravidas, R/o Vill.- Apsarh, P.S.- Warsaliganj, Distt.- Nawada. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. N. K. Agrawal, Sr. Advocate, Mr.Amresh Kumar Sinha, Advocate For the Respondent/s :

Mr.Binay Krishna, SPL. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2019 Heard learned counsel for the parties.

This is an appeal under Section14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 25.10.2018 passed by the 1st Addl. Sessions Judgecum-Special Judge, Nawada in connection with Spl (H) Case No.99/18 arising out of Kashichak P.S. Case No.81/18 registered under Sections 302/120(b) 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.

Informant has alleged that on 22.06.2018 at 9.30 p.m. his deceased nephew Pankaj Paswan had gone to the village

Patna High Court CR. APP (SJ) No.4712 of 2018(6) dt.29-03-2019 2/3 Bhwani Bigha for decoration work and while he was returning, he was shot dead by unknown persons.

It has been submitted on behalf of the appellant that he is not named in the F.I.R. and he has been implicated in this case only on the basis of suspicion and except suspicion, there is no any other incriminating material against the petitioner. Appellant has got no criminal antecedent and is in custody since 04.09.2018.

Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon furnishing bail bond of Rs. 20,000/- 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:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the appellant tampers with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court CR. APP (SJ) No.4712 of 2018(6) dt.29-03-2019 3/3 will be at liberty to move for cancellation of bail of the appellant.

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

(S. Kumar, J) Sanjay/- U T