Rangila Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.69 of 2019 Arising Out of PS. Case No.-180 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== Rangila Choudhary S/O Late Yamuna Chaudhary, resident of VillageMiyapur Tilangahi, Nauka Tola, P.S.- Bairiya, Dist.- West Champaran. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for the Parties.

This is an appeal under Section 14(A)(2) of SC & ST (Prevention of Atrocities) Amendment Act, against the refusal of prayer for bail by order dated 03.11.2018 passed by learned 1st Additional District & Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with B.P. No. 3741 of 2018 arising out of Bairiya P.S. Case No. 180 of 2018 registered for the offences under Sections 143, 341, 323, 324, 307, 427, 379, 504, 506,34 of the Indian Penal Code.

Informant has alleged that there was marriage of his daughter and Barat had assembled and was reaching his house then FIR named accused attacked them variously armed and allegation against petitioner is of causing injury on his nephew Munna Paswan by means of Garasa, as a result of which he

Patna High Court CR. APP (SJ) No.69 of 2019(3) dt.07-02-2019 2/2 sustained head injury. Injury report has been enclosed as Annexure-3 series at page 18 in which injury has found to be incised wound skin deep simple in nature. Appellant has no criminal antecedent and he is in custody since 29.08.2018. Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon furnishing bail bond of Rs. 20,000/-(twenty thousand) 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, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the appellant tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the appellant.

(S. Kumar, J) veena/- U T