Patna High CourtCR. APP (SJ)/406/2023bail granted

Nipu Chaudhary @ Amit Kumar Chaudhary v. The State Of Bihar

2024-11-11Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.406 of 2023 Arising Out of PS. Case No.-140 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== NIPU CHAUDHARY @ AMIT KUMAR CHAUDHARY Son of Narendra Chaudhary @ Narendra Kumar Chaudhary Resident of Village- Pokharia, P.S.- Chanpatiya, District- West Champaran ... ... Appellant/s

Versus

The State of Bihar 2.

Vasudev Ram Son of Tulsi Ram Resident of Ambedkar Nagar Pokhariya, Ward No.-12, P.S.- Chanpatiya, District- West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binay Kumar For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2024

1. Heard learned Counsel for the appellant and learned Additional Public Prosecutor for the State.

2. An order, dated 07.12.2022, passed by learned Additional District and Session Judge I -cum- Special Judge SC/ST, Bettiah, West Champaran, in ABP No. 3364 of 2022, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Chanpatia Police Station Case No. 140 of Sections

2/4 147/148/149/341/323/324/354/307/427/448/504/506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 (i)(r)(s)w(i) and 3 (2)(v)(va) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected.

3. Despite service of notice, the respondent no. 2 has not appeared.

4. The prosecution case, as per the First Information Report, is that on 05.04.2020, at about 07:00 PM, the FIR named accused persons came at the door of the informant and started abusing by taking his caste name and also assaulted him and other family members by means of lathi, bhala, farsa and iron rod. It has further been alleged that the accused persons destroyed household articles of the informant and also misbehaved with the women.

5. Learned counsel for the appellant submits that the appellant has not committed any offence in the manner alleged and has falsely been implicated in the present case due to oblique motive. He next submits that the appellant is not named in the First Information Report, rather, his name has transpired during the course of investigation. The FIR named accused Sheikh Munna @ Sheikh Munna

3/4 Mian has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Appeal (SJ) No. 4653 of 2021. He further submits that the provision for SC/ST Act is not attracted against the appellant inasmuch as there is no specific allegation or overt act against him. The appellant is having no criminal antecedent.

6. Learned Special Public Prosecutor submits that similarly situated co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Appeal (SJ) No. 4653 of 2021.

7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the appellants is not named in the First Information Report and the co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the appellant privilege of anticipatory bail.

8. This appeal is, accordingly, allowed and the order, dated 07.12.2022, passed by learned Additional District and Sessions Judge I -cum- Special Judge, SC/ST, Bettiah West Champaran, in ABP No. 3364 of 2022, is set aside.

9. Let the appellant, above named, in the event of his arrest or surrender before the Court below within four weeks, be

4/4 released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge I -cum- Special Judge, SC/ST, Bettiah West Champaran, in connection with Chanpatia Police Station Case No. 140 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T