Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5822 of 2019 Arising Out of PS. Case No.-298 Year-2018 Thana- RAMKRISHNANAGAR District- Patna ====================================================== MANISH KUMAR Son of Lal Babu Prasad Resident of Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== 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, 2015 against refusal of the prayer for bail by order dated 02.12.2019 in Special Case No.209 of 2019, arising out of Ram Krishna Nagar P.S. Case No. 298 of 2018 passed by learned Special Judge, SC/ST Act, Patna in connection with aforesaid case, registered under Sections 302, 201, 307, 120(B)/ 34 of the Indian Penal Code as well as section 3(I)(r), 3(II)(v) of of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

It appears that co-accused Anees Kumar @ Anish Kumar has already been granted bail by a co-ordinate Bench of this Court after framing of charge against him. The appellant is

Patna High Court CR. APP (SJ) No.5822 of 2019(3) dt.05-02-2020 2/2 full brother of Anees Kumar @ Anish Kumar. Allegation is general and omnibus and he is in custody since 21.08.2019. Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond 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 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) Ranjeet/Gaurav U T