Madan Choubey @ Madan Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.547 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ======================================================

1. Madan Choubey @ Madan Chaubey Son of Late Matuk Dhari Choubey, Resident of Village-Mohalla State Bank Colony Fajalganj, Sasaram, P.S.-Sasaram (Modal) District-Rohtas at Sasaram. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajani Kant Pandey, Advocate For the Respondent/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 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, Rohtas at Sasaram, in connection with SC/ST Dehari Police Station Case No.9 of 2017 registered under Sections 341/323/448/354/379/504/506/34 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation is of commission of house trespass, abuse and assault by taking caste name of a member of scheduled caste as well as of commission of theft.

Considering the nature of allegation and the

Patna High Court CR. APP (SJ) No.547 of 2018 (3) dt.15-03-2018 P2/ statement of the appellant that he has got no criminal antecedent, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) 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 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. Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- U T