Bhola Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1373 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -BAGAINGOLA District- BUXAR ===========================================================
1. Bhola Choudhary, S/o Lallan Choudhary,
2. Golu Choudhary, S/o Ravindra Choudhary, Both R/o Village- Eakarasi, P.S.- Bagen Gola, District- Buxar.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Deovind Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 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 by the learned Additional Sessions Judge 1st -cum-Special Judge (S.C./S.T. Act), Buxar, in connection with SC/ST Case No. 43 of 2018, arising out of Bagen Gola Police Station Case No.9 of 2018, registered under Sections 147/148/149/504/447/379/427/436/380/429 of the Indian Penal Code and Sections 3(xv)/2(iii)(iv)(v)/3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Due to murder of one Ranjeet Chaudhary, a mob was protesting against non-arrest of the accused of the case and during that
Patna High Court CR. APP (SJ) No.1373 of 2018 dt.11-05-2018 P2/ course the occurrence of arson, theft etc. was committed by the mob. The appellants were identified in the mob.
Considering the general and omnibus nature of allegation, let the appellants, above named, be released on bail on furnishing bail bond 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 the aforesaid case, with 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 impugned order is set aside and appeal is allowed.
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