Halchal Dom @ Raj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3432 of 2021 Arising Out of PS. Case No.-138 Year-2018 Thana- AGIAON District- Bhojpur ====================================================== HALCHAL DOM @ RAJ KUMAR RAM Son of Late Lalan Dom Resident of Village- Agion, P.S.- Agion (G), District- Bhojpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Dharmendra Kumar Singh, Advocate.

For the Respondent/s :

Mr.Usha Kumari 1, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-09-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual 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 12.07.2021 passed by the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), Bhojpur, Ara in B.P. No. 2145 of 2021, arising out of Agion (Garahani) P.S. Case No. 138 of 2018 registered under Section 302/34 of the Indian Penal Code.

For land dispute, the appellant allegedly caused murder of his father. Full brother of the appellant is informant of this case. The allegation is general and omnibus against the

Patna High Court CR. APP (SJ) No.3432 of 2021(2) dt.24-09-2021 2/2 appellant and others including Sunil Dom and Mahendra Dom who have already been allowed bail by different co-ordinate Benches of this Court. Investigation of the case is already complete.

Considering the facts aforesaid, let the 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) mantreshwar/- U T