Lalit Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32598 of 2015 Arising Out of PS.Case No. -180 Year- 2014 Thana -NARDIGANJ District- NAWADA ====================================================== Lalit Chauhan son of Bhagar Chauhan, Resident of village- Barnauli, P.S.- Nardiganj, District- Nawada .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma, Adv. For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Nardiganj P.S. Case No. 180 of 2014, disclosing offences under Sections 341, 448, 354 and 379 of the Indian Penal Code and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.

Learned counsel for the petitioner submits at the very outset that prima facie, provision embodied under Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 is not attracted in the absence of any allegation that the occurrence had taken place in public view. He has further submitted, referring to the submission made in paragraph 3 of the application that the petitioner has no criminal antecedent and no tangible purpose is served by taking him into

Patna High Court Cr.Misc. No.32598 of 2015 (2) dt.14-08-2015 2/2 custody.

In view of the nature of allegation and submission that there is no likelihood that the petitioner will tamper with the evidence or influence the witnesses, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nardiganj P.S. Case No. 180 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Vats/- U T