Radhey Shyam Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18667 of 2016 Arising Out of PS.Case No. -86 Year- 2013 Thana -SC/ST PS District- DARBHANGA ====================================================== Radhey Shyam Choudhary, Son of Late Deo Narayan Choudhary, Resident of village- Paghari, P.S.- Biroul, District- Darbhanga .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and the Special P.P. for the SC/ST.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 504/34 of the Indian Penal Code, Section 3 (i) (X) of SC/ST Act and Section 3⁄4 of Dian Act.

It is contended that no offence under Section 3 (i) (x) of SC/ST Act and Witchcraft Act is made out on the basis of allegation levelled in the FIR. It is further contended that the occurrence appears to have taken place on a petty matter between the informant and the petitioner. The co-accused, who is also stated to have come later on and assaulted and abused by taking caste name, has already been granted bail by a coordinate Bench

Patna High Court Cr.Misc. No.18667 of 2016 (2) dt.12-05-2016 2/2 of this Court vide order dated 29.02.2016 passed in Cr. Misc. No.56692/2015 (Annexure-2).

Having regard to the facts and circumstances of the case, let the petitioner, namely, Radhey Shyam Choudhary be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Darbhanga SC/ST P.S. Case No.86/2013, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Biroul, Darbhanga subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T