Sonu Kumar vs The State Of Bihar
2021 Latest Caselaw 2815 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No.1493 of 2021
   Arising Out of PS. Case No.-121 Year-2020 Thana- DULHIN BAZAR District- Patna
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SONU KUMAR, SON OF SARYOUG KAHAR, RESIDENT OF VILLAGE AAINKHA, PS DULHIN BAZAR, DISTRICT PATNA ... ... Appellant/s Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shashank Shekhar, Advocate For the Respondent/s : Mr. Usha Kumari, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 29-06-2021

Let the defects be removed within a period of four weeks

after start of the physical Court.

The matter has been taken up through virtual Court

proceeding.

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 23.09.2020 passed by the learned

Special Judge SC/ST (POA) Act, Patna in connection with Dulhin

Bazar P.S. Case No. 121 of 2020 registered under Sections 307,

120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act as well

as Sections 3(2)(ii)(iii) of the SC/ST Act.

Appellant is suspected to have caused firearm injury at

the hand of the wife of the informant for some old dispute. Appellant is

in custody since 16.06.2020. Appellant has stated on oath that he has Patna High Court CR. APP (SJ) No.1493 of 2021 dt.29-06-2021

got no criminal antecedent. Investigation of the case against the

appellant is already complete.

Considering the period already undergone by the

appellant and the nature of material against the appellant, 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          30.06.2021
Transmission Date       30.06.2021