Krishna Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5845 of 2019 Arising Out of PS. Case No.-172 Year-2014 Thana- NAVINAGAR District- Aurangabad ====================================================== KRISHNA PAL S/o Bijendra Pal Resident of Village- Bairiya, P.S.- Mali, District- Aurangabad.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Tej Narayan Singh For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== 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 refusal of the prayer for bail by order dated 05.11.2019 in Navinagar P.S. Case No. 172 of 2014 in G.R. No. 155/2019, 2231 of 2014, CIS No. 207 of 2015 passed by learned 1st Additional District and Sessions Judgecum-Special Judge (SC/ST POCSO and N.D.P.C.) in connection with aforesaid case, registered under Sections 364, 302/34 of the Indian Penal Code as well as Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 17 C.L.A act and 27 Arms Act. Submission is that F.I.R. named accused Shankar Paswan has already been granted bail by a co-ordinate Bench of

Patna High Court CR. APP (SJ) No.5845 of 2019(3) dt.05-02-2020 2/2 this Court vide Annexure 2 (A). Appellant is not named in the F.I.R.

Considering the fact that the case of the appellant is on better footing to that of Shankar Paswan, 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