Nandkishor Rai vs The State Of Bihar
2021 Latest Caselaw 1997 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL APPEAL (SJ) No.48 of 2021
          Arising Out of PS. Case No.-351 Year-2020 Thana- TURKAULIYA District- East
                                           Champaran
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1. NANDKISHOR RAI, Son of Late Binda Rai

2. Ranjeet Rai, Son of Nandkishore Rai Both Residents of Village - Chailaha Babu Tola, P.S. - Banjariya, District - East Champaran ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Chandra Verma, Advocate For the Informant : Mr. Pratyush Kumar, Advocate For the State : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 03-05-2021

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 21.09.2020 passed by the learned 1st Additional Sessions

Judge-cum-Special Judge, S.C./S.T. (POA) Act, East

Champaran at Motihari in connection with Turkauliya

(Banjariya) P.S. Case No. 351 of 2020 registered under Sections

302, 328, 120B/34 of the Indian Penal Code as well as Sections Patna High Court CR. APP (SJ) No.48 of 2021 dt.03-05-2021

3(2)(v) of the SC/ST Act.

The appellants and co-accused allegedly poisoned to

the father of the informant and his friend Nand Kishore Thakur

as a result whereof both died.

Learned counsel for the appellants submits that the

appellants have got no criminal antecedent. There is no

eyewitness of the actual occurrence. The postmortem report

does not show any specific cause of death, rather final opinion is

awaited till receipt of the viscera report. Appellants are in

custody since 16.06.2020 and 18.06.2020 respectively.

Investigation of the case against the appellants is already

complete.

Mr. Pratyush Kumar, learned counsel for the

informant as well as Mr. Sadanand Paswan, learned Special

Public Prosecutor for the State opposed the prayer for bail.

Considering the lack of direct material against the

appellants and the fact that only material is suspicion, let the

appellants, above named, be released on bail on furnishing bail

bonds of Rs.20,000/- (Rupees Twenty Thousand) each 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:-

Patna High Court CR. APP (SJ) No.48 of 2021 dt.03-05-2021

(a) The appellants 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

appellants.

(b) Both the bailors shall be resident of territorial

jurisdiction of the learned court below.

(c) The appellants 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          05.05.2021
Transmission Date       05.05.2021