Patna High CourtCR. APP (SJ)/3202/2018allowed

Sohan Chaudhary @ Sohan Kumar @ Sohan Kumar Chaudhary v. The State Of Bihar

2018-09-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3202 of 2018 Arising Out of PS.Case No. -453 Year- 2017 Thana -KHAGARIA District- KHAGARIA ===========================================================

1. Sohan Chaudhary @ Sohan Kumar @ Sohan Kumar Chaudhary Son of Late Chunni Chaudhary, resident of Mohalla- Jai Prakash Nagar, Police StationKhagaraia in the District of Khagaria. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sunil Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-09-2018 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 vide order dated 28.07.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Khagaria, in connection with Khagaria Police Station Case No.453 of 2017, registered under Sections 341/323/448/363/364/379/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that the FIR named accused persons allegedly kidnapped to the informant and took him in the Diyara area

Patna High Court CR. APP (SJ) No.3202 of 2018 dt.24-09-2018 P2/ and assaulted thereat. Appellant is not named in the FIR. Considering the aforesaid fact, 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 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date26.09.2018 Transmission Date 26.09.2018