Himmat Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1435 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -BALIA District- BEGUSARAI ====================================================== Himmat Chaudhary son of Devendra Chaudhary resident of village - Masudanpur, P.S. - Balia, District - Begusarai. .... .... Appellant

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Vipin Kumar, Advocate For the Respondent/s : Mr. P.K. Sahi, Advocate : Mr. Binay Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 The appellant seeks bail in connection with Balia P.S. Case No. 65 of 2016 registered for offences punishable under sections 147, 148, 149, 341, 342, 302 of Indian Penal Penal and Section 27 of the Arms Act and 3 (2) (v) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant is that he along with other co-accused persons made indiscriminate firing due to which two persons succumbed to the injuries.

Learned counsel for the appellant submitted that he is innocent and has not committed such offence. Further it is stated that it appears from the deposition of eye-witness Sarita Devi, as contained in Annexure-3, that she has stated that the appellant and Devendra Choudhary were not present there. It is further stated that co-accused Devendra Choudhary has already been granted bail by a coordinate Bench of this Court vide order dated

Patna High Court CR. APP (SJ) No.1435 of 2017 (2) dt.10-07-2017 2/2 22.02.2017 passed in Cr.Appeal (SJ) No. 735 of 2016. It is stated that the appellant is in custody since 04.05.2016. Heard learned Special P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, this appeal is allowed, let appellant surrender before the Court of Special Judge within a period of four weeks and on his so surrendering the Court below will release him on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge SC & ST (Prevention of Atrocities) Act, Begusarai in connection with Balia P.S. Case No. 65 of 2016, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellants shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) veena/- U T