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Patna High CourtCR. APP (SJ)/3517/2019allowed

Ramesh Kumar @ Ramesh Sah v. The State Of Bihar

2020-02-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3517 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== RAMESH KUMAR @ RAMESH SAH Son of Prahlad Prasad @ Prahlad Sah Resident of Village- Singha, P.S.- Mirganj, District- Gopalganj. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar Pandey No.5, Adv For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-02-2020 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 03.07.2019 in Mirganj P.S.Case No.24 of 2019 passed by the learned Additional Sessions Judge-1, Gopalganj registered under Sections 302,120B and 34 of the Indian Penal Code read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The case of murder is based on circumstantial evidence and only weak circumstance is there against the appellant and others that they were last seen alongwith the deceased. Appellant is in custody since 17.06.2019. Investigation of the case is already complete.

Patna High Court CR. APP (SJ) No.3517 of 2019(6) dt.03-02-2020 2/2 Considering the aforesaid material, 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 trial of the case, 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