Pintu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1897 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -BAGAINGOLA District- BUXAR ===========================================================

1. Pintu Choudhary son of Late Suresh Choudhary, Resident of Village- Ekrashi, P.S. Bagengola, District- Buxar.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Dr. Kamal Deo Sharma, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-07-2018 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 order dated 08.05.2018 by the learned A.D.J.-1st-cum-Special Judge (S.C./S.T. Act), Buxar, in connection with SC/ST Case No.43 of 2018 arising out of Bagengola Police Station Case No.09 of 2018 registered under Sections 147, 148, 149, 504, 447, 379, 427, 436, 380, 429 of the Indian Penal Code and Section 3(xv)2(iii)(iv)(v)3(i)(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

Patna High Court CR. APP (SJ) No.1897 of 2018 dt.13-07-2018 2/2 during that course the occurrence of arson, theft etc. was committed by the mob. The appellant was identified in the mob. Considering the general and omnibus nature of allegation, 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant 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 appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date16.07.2018 Transmission Date 16.07.2018