Jawahir Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4511 of 2018 Arising Out of PS. Case No.-180 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== Jawahir Chaudhary, Son of Late Mathura Chaudhary, Resident of Tilangahi, Nauka Tola, Police Station- Bairiya, District- West Champaran. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr.Khatim Reza, Advocate For the Respondent/s :

Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 21-12-2018 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 against the refusal of prayer for bail vide order dated 24.09.2018 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Bettiah, West Champaran, in B.P. No. 3243 of 2018, arising out of Bairiya Police Station Case No.180 of 2018, registered under Sections 143, 341, 323, 324, 307, 427, 379, 504, 506, 34 of the Indian Penal Code and Section 3(i) (r) ii (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant allegedly caused injury with Farsa, a

Patna High Court CR. APP (SJ) No.4511 of 2018 dt.21-12-2018 2/2 weapon of cutting, at the head of Lal Joyti Paswan. However the doctor has found injury cause by hard and blunt substance. The appellant is in custody since 23.07.2018. Investigation of the case is already complete. Appellant has got no criminal antecedent.

Considering the entire facts aforesaid, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.12.2018 Transmission Date 22.12.2018