Deepak Kumar @ Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4269 of 2019 Arising Out of PS. Case No.-130 Year-2017 Thana- GOH District- Aurangabad ====================================================== DEEPAK KUMAR @ RAJNISH KUMAR Son of Anil Kumar Sharma @ Anil Sharma Resident of Village - Dadar, P.S.- Goh, Dist.- Aurangabad. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Santosh Kumar Pandey, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 29-01-2020 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 28.05.2019 in Goh P.S. Case No. 130 of 2017 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. Act, Aurangabad in connection with the aforesaid case registered under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 379, 452, 427, 354, 504, 506 of the Indian Penal Code as well as Sections 3(1)(r)/3(1)(w) (i)/3(2)(v) of the SC/ST Act.
It appears that considering the compromise between the parties, some other co-accused were allowed anticipatory bail by a Coordinate Bench of this Court as well as by this Court.
Patna High Court CR. APP (SJ) No.4269 of 2019 dt.29-01-2020 2/2 Hence, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) 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. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The appellant shall not leave the county without permission of the learned trial court.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 31.01.2020 Transmission Date 31.01.2020