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Patna High CourtCR. APP (SJ)/700/2021allowed

Shyam Babu @ Bhanta Lal v. The State Of Bihar

2021-04-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.700 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- KARPI District- Jehanabad ====================================================== SHYAM BABU @ BHANTA LAL Son of Fudan Yadav Resident of VillageSarmastpur, Newana @ Sarmaspur Newana, P.S.- Karpi in the district- Arwal ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sunil Kumar, Adv For the Respondent/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-04-2021 Heard learned counsel for 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 by order dated 24.11.2020 in Special (SC/ST) Case No.03 of 2020 (arising out of Karpi P.S.Case No.02 of 2020) passed by the learned Additional Sessions Judge-I-cum-Special Judge (S.C./S.T. Act), Jehanabad, registered under Section 302 of the Indian Penal Code, and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR of the occurrence of murder is against unknown. Name of the appellant surfaced in the confessional statement of co-accused. Appellant is in custody since 25.09.2020. Investigation of the case is already complete.

Patna High Court CR. APP (SJ) No.700 of 2021(2) dt.12-04-2021 2/2 Considering lack of material for the purpose of consideration of this prayer for bail, 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