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Patna High CourtCR. APP (SJ)/5821/2019allowed

Bunnu Kumar v. The State Of Bihar

2020-02-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5821 of 2019 Arising Out of PS. Case No.-192 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== 1.

BUNNU KUMAR Son of Ravindra Singh 2.

Guddu Mishra Son of Late Jagdish Mishra 3.

Jitendra Kumar @ Jitendra Kr. Son of Later Madan Singh All are Resident of Village- Lodipur, P.S.- Chandi, District- Bhojpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Shiv Prasad Gupta, Adv For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2020 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 by order dated 20.11.2019 in SC/ST Case No.186 of 2019 (Chandi P.S.Case No.192 of 2019) passed by the learned 1st Additional Sessions Judge, Bhojpur at Ara, registered under Sections 341,323,504,506,353,34 of the Indian Penal Code and Section 3(i)(r)3(i)(s)3(i)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is general and omnibus allegation that the people were beating to the truck driver and khalasi as a road accident

Patna High Court CR. APP (SJ) No.5821 of 2019(3) dt.05-02-2020 2/2 had taken place. When the police came they allegedly abused to the police personnel and attempted to damage the vehicle etc. Considering the general and omnibus nature of allegation, let the appellants, above named, be released on bail on furnishing bail bond 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 condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T