Sanjeev Anand @ Bholu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1435 of 2021 Arising Out of PS. Case No.-20 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== SANJEEV ANAND @ BHOLU SINGH Son of Vinod Kumar Singh R/o Village - Baikathpur (Rajput Tola), P.S. - Khusrupur, District - Patna. ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sanjeev Kumar, Advocate.
For the Respondent/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2021 Let the defects be removed within four weeks. Heard 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 16.09.2020 passed by the learned Addl. Sessions Judge-X cum Special Judge (SC/ST Act), Patna in Special Case No. 57 of 2018, arising out of Khusrupur P.S. Case No. 20 of 2018 registered under Section 302/34 of the Indian Penal Code and Sections 3(i)(r)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.1435 of 2021(2) dt.03-03-2021 2/3 Appellant is alleged to be main assailant of the deceased. Appellant is in custody since 07.02.2018. In the past, prayer for bail was refused first on 11.09.2018 in Cr. Appeal (SJ) No. 3095 of 2018 and thereafter on 18.09.2019 in Cr. Appeal (SJ) No. 3153 of 2019 with direction to the trial Judge to expedite and conclude the trial within nine months failing which liberty was allowed to the appellant to renew prayer for bail. Submission is that no prosecution witness has turned during the trial.
Considering the period already undergone by the appellant and undertaking of the appellant to cooperate with the trial, 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
Patna High Court CR. APP (SJ) No.1435 of 2021(2) dt.03-03-2021 3/3 permission of the trial Court.
Accordingly, the impugned order is set aside and the appeal is allowed.
(Birendra Kumar, J) mantreshwar/- U T