Chandradev Chaudhary @ Chanardev Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3297 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- SC/ST BAGHA District- West Champaran ====================================================== 1.

Chandradev Chaudhary @ Chanardev Chaudhary Son of Bichandi Chaudhary Resident of Village - Sauraha, P.S.- Semra, District - West Champaran.

2.

Umesh Chaudhary son of Late Baldev Chaudhary Resident of Village - Sauraha, P.S.- Semra, District - West Champaran. 3.

Shivshankar Chaudhary Son of Chandradev Chaudhary @ Chanardev Chaudhary Resident of Village - Sauraha, P.S.- Semra, District - West Champaran.

4.

Niwash Chaudhary Son of Chandradev Chaudhary @ Chanardev Chaudhary Resident of Village - Sauraha, P.S.- Semra, District - West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arvind Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been directed against the order dated 07.06.2019 passed by the 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran in connection with S.C./S.T. Bagaha P.S. Case No. 02 of 2019, registered under Sections 341, 323, 324, 504, 506 and 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.3297 of 2019(4) dt.20-11-2019 2/2 Learned counsel appearing for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. Further submission is that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court in Cr. Appeal (SJ) No. 2489 of 2019 vide order dated 26.06.2019.

In the facts and circumstances of the case, let the above named appellants be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Session Judge-cum-Special Judge, Bettiah, West Champaran in connection with S.C./S.T. Bagaha P.S. Case No. 02 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, this appeal is allowed and the impugned judgment is set aside.

(Arvind Srivastava, J) S.Katyayan/- U T