Nishant Kumar @ Tuntun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4068 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- JAMALPUR District- Munger ====================================================== NISHANT KUMAR @ TUNTUN S/o Naresh Tanti R/o Village/MohallaChhoti Daulatpur, P.S.- Jamalpur, District- Munger ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanjiv Kumar Singh, Advocate For the Respondent/s :

Mr.Sadanand Paswan, SPP ====================================================== 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 vide order dated 20.05.2019 passed by the learned Additional Sessions Judge 1st -cum-Special Judge, Munger, in connection with Jamalpur Police Station Case No.99 of 2019 registered under Sections 147/148/149/302/504/506 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On the order of the appellant, others allegedly assaulted to the son of the informant as a result whereof he died. The appellant is in custody since 20.05.2019. Investigation of the case against the appellant is already

Patna High Court CR. APP (SJ) No.4068 of 2019(6) dt.03-02-2020 2/2 complete.

Considering the facts aforesaid, 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 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- U T