Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5645 of 2019 Arising Out of PS. Case No.-300 Year-2019 Thana- KHAIRA District- Saran ====================================================== 1.

RAMESH RAI Son of Chhabilal Rai Resident of Village- Kalupur, P.S.- Khaira, District- Saran.

2.

Santosh Rai Son of Laxaman Rai Resident of Village- Kalupur, P.S.- Khaira, District- Saran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Krishna Kumar Singh, Advocate.

For the Respondent/s :

Mr.Usha Kumari 1, Sp.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 16.10.2019 passed by the learned Addl. Sessions Judge-IX, Saran in Khaira P.S. Case No. 300 of 2019 registered under Sections 341, 504, 506 and 307/34 of the Indian Penal Code, Section 3/4 of the Explosive Act and Section 25(1-b) of the Arms Act and Sections 3(x)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Though allegation against one of the appellants is of hurling bomb, however no injury was caused to anyone.

Patna High Court CR. APP (SJ) No.5645 of 2019(3) dt.03-02-2020 2/2 Appellants are in custody since 31.08.2019. Investigation of the case is already complete.

Considering the aforesaid facts, let the appellants, above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) each 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 appellants 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 appellants. (c) The appellants 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