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Patna High CourtCR. APP (SJ)/42/2021allowed

Shatrughna Rai v. The State Of Bihar

2021-03-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.42 of 2021 Arising Out of PS. Case No.-300 Year-2019 Thana- KHAIRA District- Saran ====================================================== SHATRUGHNA RAI Son of Lachhan Rai Resident of Village - Kalupur, P.S.- Khaira, District - Saran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Krishna Kumar Singh,Adv For the Respondent/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2021 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 vide order dated 03.10.2020 passed by the learned 1st Addl. District Judge-cum-Special Judge, SC/ST (POA) Act, Chapra in Khaira P.S. Case No. 300 of 2019 registered under Sections 341, 504, 506 and 307/34 of the Indian Penal Code, Section 3/4 of the Explosive Act and Section 27(1-b) of the Arms Act and Sections 3(x)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of hurling bomb, however no injury was caused to anyone. Appellant is in custody since 06.07.2020. Investigation of the case is already

Patna High Court CR. APP (SJ) No.42 of 2021(2) dt.03-03-2021 2/2 complete.

Considering the aforesaid facts, 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 investigation/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) Nitesh/- U T