Umashankar Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4045 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- GAUNAHA District- West Champaran ======================================================

1. Umashankar Chaudhary, Son of Late Raghunath Chaudhary,

2. Munna Chaudhary, Son of Sri Umashankar Chaudhary, Both residents of Village- Amolwa, P.S.- Gaunaha, District- West Champaran.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Umesh Chandra Verma For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 24.09.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge, West Champaran, Bettiah in Bail Petition No.3374 of 2018, arising out of Gaunaha Police Station Case No.90 of 2018 registered under Sections 447, 341, 323, 325, 379, 504, 506/34 of the Indian Penal Code as well as Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.4045 of 2018 dt.04-12-2018 2/2 For some quarrel between the children of two families, the allegation of the Indian Penal Code are general and omnibus and mostly bailable in nature.

Considering the facts aforesaid as well as statement of the appellants on oath that they have got no criminal antecedent, let the appellants, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the 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 bonds of the appellants.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.12.2018 Transmission Date 05.12.2018