Abhishek Kumar @ Abhishek Kumar ... vs The State Of Bihar
2021 Latest Caselaw 3721 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No.1993 of 2021
      Arising Out of PS. Case No.-57 Year-2020 Thana- CHANDI District- Nalanda
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ABHISHEK KUMAR @ ABHISHEK KUMAR GOPE @ ABHISHEK SINGH SON OF BALGOVIND PRASAD @ MAKHLU R/O VILLAGE - SANDHBIGHA, P.S. - KARAIPARSURAI, DIST. - NALANDA ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anil Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 27-07-2021

Heard the parties in virtual 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 29.01.2021

passed by the learned 1st Additional Sessions Judge, Nalanda at

Biharsharif in connection with SC/ST Case No. 25 of 2020

arising out of Chandi P.S. Case No. 57 of 2020 registered under

Section 302 of the Indian Penal Code, Section 27 of the Arms Act

as well as Section 3(i)(r) of the SC/ST Act.

The FIR of the occurrence of murder is against

unknown. Name of the appellant surfaced in the confessional

statement of co-accused. Thereafter, the appellant was remanded

in this case from other case. Investigation of the case against the Patna High Court CR. APP (SJ) No.1993 of 2021 dt.27-07-2021

appellant is already complete. Appellant is in custody since

09.12.2020.

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 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          29.07.2021
Transmission Date       29.07.2021