Sarvan Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1013 of 2018 Arising Out of PS.Case No. -450 Year- 2017 Thana -KHAZANIHAT District- PURNIA ======================================================
1. Sarvan Chouhan, Son of Late Saryug Chouhan @ Late Ram Prasad Chouhan, resident of village- Barhanna, P.S.- K.Hat, (Maranga), DistrictPurnea. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Binay Kumar Thakur For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-04-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned Additional Sessions Judge-cum-Special Judge, S.C./S.T., Act, Purnea in Special S.C./S.T. Case No. 135 of 2017 arising out of K. Hat (Maranga) P.S. Case No. 450 of 2017 registered under Section 302 of the Indian Penal Code as well as Section 3(2)(v) of the SC/ST Act.
The informant is eye-witness of the occurrence. The assailant is FIR named co-accused Bahadur Chouhan. The appellant is not named in the FIR.
Considering the aforesaid fact, let the appellant, above named, be released on bail on furnishing bail bond of
Patna High Court CR. APP (SJ) No.1013 of 2018 (2) dt.04-04-2018 2/2 Rs.20,000/- (Rupees 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 condition that the appellant shall fully cooperate with the investigation and 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) Kundan/- U T