Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4618 of 2019 Arising Out of PS. Case No.-65 Year-2016 Thana- BALIYA District- Begusarai ====================================================== RAVI KUMAR Son of Raj Kumar Choudhary Resident of Village- and P.O.- Masudanpur, P.S.- Ballia, District- Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

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

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-02-2020 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 anticipatory bail vide order dated 12.06.2019 passed by the learned Special Judge (S.C./S.T. Act), Begusarai, in connection with Ballia Police Station Case No.65 of 2016, registered under Sections 147/148/149/341/342/302 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to FIR, assailants of the deceased are other co-accused persons. No overt-act is alleged against the appellant and similarly situated co-accused Bijal Choudhary and

Patna High Court CR. APP (SJ) No.4618 of 2019(4) dt.14-02-2020 2/2 others have allowed bail by this Court as well as by a coordinate Bench of this Court vide order at Annexure-2/1. Considering the aforesaid facts, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that 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.

The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

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