Devraj Kundan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5815 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- CHANDAN District- Banka ====================================================== DEVRAJ KUNDAN Son of Munna Ramani Resident of Village - and P.S.- Chandan, Distt - Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Brij Nandad Prasad, Adv For the Respondent/s :

Mr.Sadanand Paswan, 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 21.10.2019 in G.R.No.73 of 2019 passed by the learned Additional Sessions Judge-1-cum-Special Judge (S.C./S.T. Act), Banka, in connection with Chandan Police Station Case No.91 of 2019 registered under Sections 341,323,337,338,504,506/34 of the Indian Penal Code and Section 3(1)(r)(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the nature of allegation as disclosed in the FIR, in my view, the appellant deserves bail, accordingly it is directed to be released on bail on furnishing bail bond of

Patna High Court CR. APP (SJ) No.5815 of 2019(4) dt.05-02-2020 2/2 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) Nitesh/- U T