Anil Ray @ Anil Rai vs The State Of Bihar
2021 Latest Caselaw 1044 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.1599 of 2020
        Arising Out of PS. Case No.-154 Year-2019 Thana- PARSA District- Saran
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ANIL RAY @ ANIL RAI, Son of Ram Pravesh Rai, Resident of Village - Chak Sahbaj, P.S. - Parsa, District - Saran at Chapra.

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

For the Appellant/s : Mr. Sunil Prasad Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 20-02-2021

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 29.05.2020 passed

by the learned 1st Additional Sessions Judge-cum-Special Judge

S.C./S.T. (POA) Act, Saran in connection with Parsa P.S. Case No.

154 of 2019 registered under Sections 147, 148, 149, 448, 341, 323,

325, 307, 302, 427, 504, 506 of the Indian Penal Code as well as

Sections 3(i)(r), 3(2)(va) of the SC/ST Act.

According to FIR, during occurrence of assault between

a group of thirty to forty people, the appellant crushed the father of

the informant with his tractor to death.

Learned counsel for the appellant submits that father of

the informant might have died in a road accident. The appellant has Patna High Court CR. APP (SJ) No.1599 of 2020 dt.20-02-2021

stated on oath that neither the appellant is a driver nor the appellant

has any tractor. Appellant is in custody since 27.03.2020.

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