Patna High CourtCR. APP (SJ)/5040/2019allowed

Mukesh Singh @ Mukesh Kumar v. The State Of Bihar

2020-02-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5040 of 2019 Arising Out of PS. Case No.-737 Year-2019 Thana- BIHTA District- Patna ====================================================== MUKESH SINGH @ MUKESH KUMAR Son of Late Ram Chapit Singh @ Ram Japit Singh Resident of Village - Sikandarpur, P.S.- Bihta, District - Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sunil Kumar Pathak, Advocate.

For the Respondent/s :

Mr.Binay Krishna, Spl.PP.

====================================================== 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 21.10.2019 passed by the learned Addl. Sessions Judge-XX cum Special Judge, SC/ST Act, Patna in Special Case No. 357 of 2019, arising out of Bihta P.S. Case No. 737 of 2019 registered under Sections 341, 323, 384, 506 and 504/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that false allegation is there in the F.I.R. due to dispute arisen out of non-payment of money advanced.

Patna High Court CR. APP (SJ) No.5040 of 2019(3) dt.03-02-2020 2/2 Considering the background of allegation as well as completion of investigation against the appellant, let the appellant, above named, 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, 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 the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T