Sanjeet Ishwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5252 of 2019 Arising Out of PS. Case No.-327 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== SANJEET ISHWAR Son of Rajendra Ishwar @ Gholar R/o Village- BakhariP.S.- Bakhari, Dist- Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Shubhesh Pandey, 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 08.11.2019 passed by the learned Special Judge (SC/ST Act), Begusarai in Bakhari P.S. Case No. 327 of 2019 registered under Sections 341, 323, 307, 290, 504 and 506/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Other F.I.R. named accused persons are alleged to have resorted to firing, however no injury was caused to anyone. Allegation against the appellant is that he committed assault with fist and slap. Appellant has got no criminal antecedent and

Patna High Court CR. APP (SJ) No.5252 of 2019(3) dt.03-02-2020 2/2 is in custody since 16.10.2019. Investigation of the case is already complete.

Considering the entire facts aforesaid, 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