Patna High CourtCR. APP (SJ)/171/2018allowed

Sushil Chaudhary v. The State Of Bihar

2018-01-31Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.171 of 2018 Arising Out of PS.Case No. -453 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Sushil Chaudhary S/o. Arjun Chaudhary, R/o. Mohalla-Jaiprakash Nagar, P.S. & District- Khagaria.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rakesh Chandra, Advocate For the Respondent/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-01-2018 Heard learned counsel for the parties.

The delay in filing of this appeal is explained in I.A. No.129 of 2018. Hence, the same is condoned. 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 the learned Additional Sessions Judge-I, 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.

The allegation against the appellant and others is that they allegedly abducted to the informant and committed assault and abuse by taking his caste name.

Patna High Court CR. APP (SJ) No.171 of 2018 (4) dt.31-01-2018 P2/ Submission is of false implication due to earlier dispute.

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 appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T