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Patna High CourtCR. APP (SJ)/5474/2019allowed

Prem Singh @ Prem Kumar @ Prem Kumar Choudhary v. The State Of Bihar

2019-12-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5474 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== Prem Singh @ Prem Kumar @ Prem Kumar Choudhary Son of Ramchandar Singh @ Ramchandra Choudhary Resident of Village - Manopur, P.S.- Bhagwanpur, Distt - Begusarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sandip Kumar Gautam For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2019 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 by order dated 21.11.2019 by the learned Special Judge, Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, Begusarai in connection with Bhagwanpur P.S.Case No.152 of 2019 under Sections 147, 341, 323, 380, 387, 504, 506 and 354(B) of the Indian Penal Code and Section 25(1-b)a, 26 and 27 of the Arms Act and also under Section 3(r)(s) of the of SC/ST Act. Considering the general and omnibus nature of allegation, let the appellant who is in jail custody since 21.11.2019 be released on bail on furnishing bail bond of

Patna High Court CR. APP (SJ) No.5474 of 2019(2) dt.16-12-2019 2/2 Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court-below where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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.

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

(Birendra Kumar, J) B.Kr./- U T