Vijendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3391 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- CHANDI District- Nalanda ====================================================== VIJENDRA CHAUDHARY, Son of Late Doman Chaudhary, Resident of Village - Satnag, Police Station - Chandi, District - Nalanda ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Tej Narayan Singh, Advocate For the Respondent/s :

Mr. Usha Kumari 1, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-02-2020 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 vide order dated 24.06.2019 in Chandi P.S. Case No. 69 of 2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Bihar Sharif in connection with the aforesaid case registered under Sections 302/34 of the Indian Penal Code as well as Section 3(2)(r) of the SC/ST Act. The perusal of entire FIR reveals that informant is not an eyewitness of the occurrence. Rather after recovery of dead body, it was suspected that the appellant and three others had committed the murder.

Learned counsel for the appellant submits that initially an

Patna High Court CR. APP (SJ) No.3391 of 2019 dt.06-02-2020 2/2 U.D. case was lodged vide Annexure-2 and thereafter under a planned way, the present FIR has been lodged. Considering the submission aforesaid, let the appellant, above named, be released on bail on furnishing bail bond of 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 following conditions:- (a) 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. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below. (c) The appellant shall not leave the country without permission of the learned trial court. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 07.02.2020 Transmission Date 07.02.2020