Bijal Choudhary @ Bijo Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1135 of 2018 Arising Out of PS.Case No. -65 Year- 2016 Thana -BALIA District- BEGUSARAI ===========================================================

1. Bijal Choudhary @ Bijo Choudhary @ Bijay Chaudhary, Son of Chandra Bhushan Choudhary Resident of Village: Masudanpur, P.S. Ballia, DistrictBegusarai. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sada Nand Pandey, Adv For the Respondent/s : Smt.Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Special Judge, SC/ST, Begusarai in connection with Ballia P.S.Case No. 65 of 2016 registered under Sections 147,148,149,341,342,302 of the Indian Penal Code, Section 27 of Arms Act as well as under Sections 3(ii)(v) of the Scheduled Castes and Scheduled Tribes Act.

Learned counsel for the appellant took this Court through the earlier order granting anticipatory bail passed by a Coordinate Bench of this Court in Cr.Appeal (SJ) No.3175 of 2017.

After perusal of the order at Annexure-2, I find that same reason is applicable in the matter of the appellant. Hence, let the appellant, above named, in the event of his arrest or

Patna High Court CR. APP (SJ) No.1135 of 2018 dt.11-05-2018 surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date14.05.2018 Transmission Date 14.05.2018