Krishnandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5672 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KRISHNANDAN KUMAR S/o Ram Bharosh Singh R/o village- Ward No. 07, Naya Tola, Ram Nagar, Ramdiri, P.S.- Matihani, District- Begusarai ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pritish Kumar Lal, Advocate.

For the Respondent/s :

Mr.Usha Kumari 1, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-02-2020 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 31.08.2019 passed by the learned Special Judge (SC/ST Act), Begusarai in Muffasil P.S. Case No. 387 of 2019 registered under Sections 394 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The F.I.R. is against unknown. The name of the appellant surfaced on the report of the spy of the police. The appellant is in custody since 27.08.2019.

Submission is that investigation of the case is already

Patna High Court CR. APP (SJ) No.5672 of 2019(3) dt.04-02-2020 2/2 complete. Appellant was not put on T.I.P. during investigation. He has got no criminal antecedent nor any incriminating substance was recovered from the possession of the appellant. Considering the aforesaid facts, 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