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Patna High CourtCR. APP (SJ)/3439/2021allowed

Parmanand Sharma v. The State Of Bihar

2021-09-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3439 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== PARMANAND SHARMA S/o Late Kamali Sharma Resident of Village and P.S.- Beldaur, District- Khagaria.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Binod Kumar, 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 19.07.2021 passed by the learned 1st Addl. Sessions Judge cum Special Judge, Khagaria in Beldaur P.S. Case No. 143 of 2020 registered under Sections 147, 341, 323, 448, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(i)(r)(s) of the SC/ST Act.

Allegation is of commission of abuse and assault for land dispute between the parties. Investigation of the case is already complete.

Patna High Court CR. APP (SJ) No.3439 of 2021(2) dt.24-09-2021 2/2 Considering the nature of allegation, 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