Hariom Kumar Rai @ Hariom Kumar vs The State Of Bihar
2021 Latest Caselaw 1042 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.1903 of 2020
    Arising Out of PS. Case No.-45 Year-2020 Thana- MATIHANI District- Begusarai
======================================================

HARIOM KUMAR RAI @ HARIOM KUMAR, Son of Krishnandan Rai, R/o Village - Chakballi Diyara, P.S. - Matihani, District - Begusarai ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 20-02-2021

Let the defects be removed within two weeks.

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 (hereinafter referred to as the "SC/ST

Act") against the refusal of prayer for regular bail vide order

dated 23.06.2020 passed by the learned Special Judge S.C./S.T.

(POA) Act, Begusarai in connection with Matihani P.S. Case

No. 45 of 2020 registered under Sections 147, 148, 149, 504,

506, 307 of the Indian Penal Code, Sections 25(1-b)a, 26, 27 of

the Arms Act as well as Sections 3(i)(r)(c), 3(2)(v)(a) of the

SC/ST Act.

There is general and omnibus allegation of firing

against five named and other unnamed accused persons.

Patna High Court CR. APP (SJ) No.1903 of 2020 dt.20-02-2021

However, no injury was caused to any one. The appellant has

got no criminal antecedent.

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

investigation/trial of the case, failing which the learned 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          22.02.2021
Transmission Date       22.02.2021