Hare Ram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1980 of 2018 Arising Out of PS. Case No.-65 Year-2016 Thana- BALIA District- Begusarai ====================================================== Hare Ram Chaudhary son of Bhuna Chaudhary, resident of VillageMasudanpur, Police Station- Ballia in the District of Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Mrityunjay Kumar For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 20-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 09.03.2018 passed by the learned Special Judge, (S.C./S.T. Act), Begusarai in A.B.P. No.471 of 2018, arising out of Ballia Police Station Case No.65 of 2016 registered under Sections 147, 148, 149, 341, 342, 302 of the Indian Penal Code as well as Section 27 of the Arms Act and Sections 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Though the appellant is named in the F.I.R., the informant, who is an eyewitness of the occurrence is specific that

Patna High Court CR. APP (SJ) No.1980 of 2018 dt.20-12-2018 2/2 co-accused, Surendra, Himmat Chaudhar, Jitendra Chaudhary and Chhote Chaudhary had fired, causing death of two persons. Since no overt act is alleged against the appellant, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned court below where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully co-operate with the investigation/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 this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.12.2018 Transmission Date 22.12.2018