Pappu Choubey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.240 of 2018 Arising Out of PS.Case No. -52 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================
1. Pappu Choubey, S/o Gokhulanand Chobey,
2. Madhusudan Gupta S/o Late Parikhan Sao, Both R/o Village- Mahathu, P.S.- Jamhore, District- Aurangabad.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sheo Jee Mishra For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2018 Appellant is permitted to correct the name of appellant No.2 Madhusudan Gupta, which is wrongly typed as Nadhusudan Gupta.
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 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Aurangabad, in connection with Jamhore Police Station Case No.52 of registered under Sections 147/148/149/341/323/504/506/354 of the Indian Penal Code and Sections 3(1)(2)/3(1)(w)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.240 of 2018 (2) dt.13-02-2018 P2/ It appears that having almost identical allegation, some other co-accused have been allowed anticipatory bail vide Annexure-1 by a coordinate Bench of this Court. Hence, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellants 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 appellants.
Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./- U T