Citation : 2021 Latest Caselaw 4359 Patna
Judgement Date : 27 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2736 of 2021
Arising Out of PS. Case No.-131 Year-2020 Thana- KHAGAUL District- Patna
======================================================
ARVIND PASWAN @ ARBIND PASWAN, S/O LATE RAM PRIT PASWAN, R/O MANGAL AKHADA, P.S. - MALSALAMI, DISTRICT - PATNA ... ... Appellant/s Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ashish, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 27-08-2021
Heard the parties in virtual Court.
Let the defects be removed within four weeks after
start of the physical Court.
This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (hereinafter referred to as the "SC/ST Act") against the
refusal of prayer for regular bail vide order dated 04.03.2021
passed by the learned Additional Sessions Judge-III-cum-Special
Judge, S.C./S.T., Patna in connection with Special Case No. 429
of 2020 arising out of Khagaul P.S. Case No. 131 of 2020
registered under Sections 323, 341, 307/34 of the Indian Penal
Code, Section 27 of the Arms Act as well as Sections 3(i)(r)(s)
and 3(2)(va) of the SC/ST Act.
Co-accused Deepak @ Teni Paswan is alleged to Patna High Court CR. APP (SJ) No.2736 of 2021 dt.27-08-2021
have caused firearm injury to the informant. There is no specific
overt act against the appellant. Investigation of the case against
the appellant is already complete.
Considering the facts aforesaid, let the appellant,
above named, be released on bail on furnishing bail bond of
Rs.20,000/- (Rupees 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, subject
to the following conditions:-
(a) The appellant shall fully cooperate with the trial
of the case, failing which the court below shall be at liberty to
cancel the bail bond of the appellant.
(b) Both the bailors shall be resident of territorial
jurisdiction of the learned court below.
(c) The appellant shall not leave the country without
permission of the learned trial court.
Accordingly, the impugned order is set aside and this
appeal stands allowed.
(Birendra Kumar, J)
Kundan/-
AFR/NAFR N.A. CAV DATE N.A. Uploading Date 31.08.2021 Transmission Date 31.08.2021
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