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Patna High CourtCR. APP (SJ)/3065/2021allowed

Manohar Rai @ Manohar Kumar v. The State Of Bihar

2021-09-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3065 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== MANOHAR RAI @ MANOHAR KUMAR S/O RADHE RAI @ RATHO RAI @ RADHA RAY R/O VILLAGE-BAHURAR, P.S-NANPUR, DISTRICT-SITAMARHI.

... ... Appellant

Versus

THE STATE OF BIHAR ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

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

Ms. Usha Kumari No. 1, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-09-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court proceeding. 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 by order dated 17.06.2021 passed by the learned 1st Additional Sessions Judge cum Special Judge SC/ST (POA) Act, Sitamarhi in connection with Nanpur P.S. Case No. 224 of 2020 registered under Sections 341, 323, 324, 379, 354, 504, 506/34 of the I.P.C., and Section 3(i)(r)(s)(w) of the SC/ST Act. There is case and counter case.

Considering the nature of offences alleged against the appellant and others and completion of investigation, let the

Patna High Court CR. APP (SJ) No.3065 of 2021(2) dt.08-09-2021 2/2 appellant, above named, be released on bail, on furnishing bail bonds 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 the appeal is allowed.

(Birendra Kumar, J) shahzad/- U T