Raja Chaudhary @ Raj Kumar Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.253 of 2019 Arising Out of PS. Case No.-265 Year-2018 Thana- NOKHA District- Rohtas ======================================================

1. Raja Chaudhary @ Raj Kumar Chaudhary, son of Bikrama Chaudhary

2. Nand Chaudhary son of Late Basant Chaudhary

3. Abash Chaudhary @ Gandhi Chaudhary, son of Late Rajendra Chaudhary all Resident of Village- Sariyaon, P.S.- Nokha, District- Rohtas. ... ... Appellant/s

Versus

The State Of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar Tiwary For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-02-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 17.12.2018 passed by the learned Addl. Sessions Judge 1st, Rohtas at Sasaram in Registered Case No. 293 of 2018 arising out of Nokha P.S.Case No. 265 of 2018 registered under Sections 147, 149, 323, 341 and 379 of the Indian penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellants is of surrounding the informant and causing injury by lathi and danda and also snatching away of Rs. 5,000/- and one Nokia mobile. Submission of learned counsel for the appellants is that

Patna High Court CR. APP (SJ) No.253 of 2019 dt.01-02-2019 2/2 they have falsely been implicated in this case and injuries are simple in nature.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants no. 2 and 3, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge 1st, Rohtas at Sasaram in Registered Case No. 293 of 2018 arising out of Nokha P.S.Case No. 265 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to appellant no. 2 and 3. (Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date