Patna High CourtCR. APP (SJ)/2840/2018allowed

Anirudh Kushwaha v. The State Of Bihar

2018-08-27Mr. Justice Birendra Kumar2 pages

Patna High Court CR. APP (SJ) No.2840 of 2018 dt.27-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2840 of 2018 Arising Out of PS.Case No. -114 Year- 2015 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ===========================================================

1. Anirudh Kushwaha, Son of Dharichhan Kushwaha, Resident of VillageTuniyahawa, P.S.- Dhanaha, District- West Champaran. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Arvind Kumar, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 27-08-2018 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 vide order dated 06.06.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in B.P. No.2030 of 2018, arising out of Dhanaha Police Station Case No.114 of 2015, registered under Sections 147/148/149/341/342/333/ 353/452/354/ 379/323/ 324/325/ 326/ 307/188/504/506/120B of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant is not named in the FIR.

Patna High Court CR. APP (SJ) No.2840 of 2018 dt.27-08-2018 Submission is that some other co-accused, who are named in the FIR, have either been allowed regular bail or anticipatory bail by different coordinate Benches of this Court considering general and omnibus nature of allegation. Finding substance in the submission aforesaid, 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date29.08.2018 Transmission Date 29.08.2018