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Patna High CourtCR. APP (SJ)/2930/2021allowed

Pintu Singh v. The State Of Bihar

2021-10-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2930 of 2021 Arising Out of PS. Case No.-81 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== Pintu Singh Son of Late Madan Singh Resident of Village - Ekhara, P.S.- Chebara, District - Sheikhpura.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Vinod Gautam, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2021 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 against the refusal of prayer for bail vide order dated 22.08.2020 passed by the learned Special Judge (S.C./S.T. Act), Begusarai, in connection with Matihani Police Station Case No.81 of 2019, registered under Section 302/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR of the occurrence of murder is against unknown.

Submission is that the name of the appellant

Patna High Court CR. APP (SJ) No.2930 of 2021(3) dt.26-10-2021 2/2 surfaced in the confessional statement of co-accused Avinash Kumar who has already been allowed bail by a coordinate Bench of this Court in Cr. Appeal (SJ) No.4995 of 2019. Investigation of the case is already complete. Considering the submission aforesaid, 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 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- U T