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Patna High CourtCR. APP (SJ)/54/2021allowed

Bipin Kumar Sah v. The State Of Bihar

2021-03-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.54 of 2021 Arising Out of PS. Case No.-327 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== BIPIN KUMAR SAH Son of Shankar Prasad Sah Resident of Village- Nadia Tola, P.S.- Kahalgaon, District- Bhagalpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjan Kumar Jha, Adv For the Respondent/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2021 Let the defects be removed within four weeks. 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 by order dated 17.12.2020 and order dated 27.08.2020 in Kahalgaon P.S.Case No.327 of 2020 (G.R.No.83 of 2020) passed by the learned Addl. District and Sessions Judge-IIIcum-Special Judge (SC/ST Act), Bhagalpur registered under Sections 341,323,379,353,506 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the nature of the offences alleged against the appellant as well as considering the fact that investigation of the case is already complete and the appellant is in custody

Patna High Court CR. APP (SJ) No.54 of 2021(2) dt.09-03-2021 2/2 since 19.06.2020, 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 condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case and also the appellant shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T