An appeal against the refusal of regular bail by the Special Judge. Considering there was no direct material against the appellant, the High Court released him on bail upon furnishing a bond and sureties.
Appeal allowed; impugned order set aside; appellant released on bail to the extent of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4044 of 2019
Arising Out of PS. Case No.-14 Year-2019 Thana- BARIYARPUR District- Munger
======================================================
GUDDU MANDAL Son of Debal Mandal Resident of Ghorghat, P.S.Bariyarpur, District- Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Chetanand Paswan, Advocate For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 19-12-2019
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 27.07.2019 in Bariyarpur P.S. Case No. 14 of 2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Munger in connection with the aforesaid case registered under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(1)(r)/3(2)(v) 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 Ravi Kumar. No firearm was recovered from possession of the appellant.
Patna High Court CR. APP (SJ) No.4044 of 2019 dt.19-12-2019 2/2
Considering the fact that there is no direct 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 condition that 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 as well as condition that both the bailors shall be resident of territorial jurisdiction of the learned court below.
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 | 20.12.2019 |
| Transmission Date | 20.12.2019 |
1 issue framed by the court
Whether to allow the appeal for regular bail against the refusal by the trial court.
2 provisions across 2 enactments
Guddu Mandal
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
