Raj Kumar Sah @ Raj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3008 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Raj Kumar Sah @ Raj Kumar Gupta Son of Late Sheo Lakhan Sah @ Shiv Lakhan Sah Resident of Village - Bhelai, P.S. Udwant Nagar, District - Ara. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sunil Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-09-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

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 25.06.2021 passed by the learned 1st Additional Sessions Judge, Bhojpur at Ara, in connection with SC/ST Case No.46 of 2021, arising out of Udwant Nagar Police Station Case No.89 of 2021, registered under Sections 302/201/34 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Only circumstantial evidence in this case is of last seen, if some of the prosecution witnesses are relied. The

Patna High Court CR. APP (SJ) No.3008 of 2021(2) dt.06-09-2021 2/2 appellant is in custody since 01.03.2021. Investigation of the case is already complete.

Considering lack of sufficient material against the appellant for further detention as under trial prisoner, 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