Shyamlal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1330 of 2018 Arising Out of PS.Case No. -304 Year- 2015 Thana -MEERGANJ District- GOPALGANJ ===========================================================

1. Shyamlal Chaudhary, Son of Sri Gopal Chaudhary, Resident of Village- Dubey Sariswa, Police Station- Mirganj, District- Gopalganj. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Irshad Ahmad Khan, Adv For the Respondent/s : Mr. Chandra Bhushan Prasad, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-07-2018 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 order dated 24.01.2018 by the learned 1st Additional Sessions Judge, Gopalganj in connection with Mirganj P.S.Case No. 304 of 2015 registered under Sections 326,307,379,511,34 of the Indian Penal Code, Section 27 of Arms Act as well as under Sections 3(X) of the Scheduled Castes and Scheduled Tribes Act.

There is general and omnibus allegation of commission of firing against the appellant also. Submission is that the parties have entered into a

Patna High Court CR. APP (SJ) No.1330 of 2018 dt.03-07-2018 2/2 compromise vide Annexure-2.

Considering the factum of compromise and fate of the trial, let the appellant, above named, in the event of his arrest or 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 and both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date04.07.2018 Transmission Date 04.07.2018