Azad Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3283 of 2017 Arising Out of PS.Case No. -304 Year- 2016 Thana -SAHPUR District- BHOJPUR ======================================================
1. Azad Choudhary, Son of Vakil Chaudahry.
2. Hawaldar Chaudhary, Son of Gopal[ Chaudhary. Both Resident of Village- Bahoranpur Tikapur, P.S.- Shahpur (Bahoranpur O.P.), District- Bhojpur at Ara (Bihar).
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Manoj Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Bhojpur, Ara, in connection with Sahpur (Bahoranpur) Police Station Case No.304 of 2016 registered under Sections 341/323/379/504/506/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. Similarly situated co-accused Asamu Ansari, Sonu Kamkar and Deepak Yadav have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Appeal
Patna High Court CR. APP (SJ) No.3283 of 2017 (2) dt.12-12-2017 P2/ (SJ) No.1386 of 2017 vide Annexure-3.
Considering the aforesaid fact, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sahpur (Bahoranpur) Police Station Case No.304 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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 bond of the appellants. Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T