Pradeep Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2292 of 2018 Arising Out of PS.Case No. -92 Year- 2017 Thana -BALIA District- BEGUSARAI ===========================================================
1. Pradeep Choudhary, S/o Umakant Choudhary @ Uma Chaudhary, resident of Village - Hussainichak, P.S.- Ballia, District- Begusarai. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 30-08-2018 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 21.05.2018 in A.B.A. No. 809 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Begusarai in connection with Ballia P.S. Case No. 92 of 2017 registered under Sections 341, 323, 324, 326, 307 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(i)(r)(s) of the SC/ST Act. Allegation against the appellant and others is of commission of firearm injury to the informant when the informant was on the way.
The Doctor has found three firearm injuries on the
Patna High Court CR. APP (SJ) No.2292 of 2018 dt.30-08-2018 2/2 person of the informant.
It is disclosed in the FIR that the accused persons are bent upon to finish the family members of the informant. In the past also, brother of the informant and his cousin were murdered by the accused person wherein the informant was an eye-witness. After hearing the parties and considering the nature of allegation, in my view, this is not a fit case for grant of anticipatory bail. Hence, this appeal against the refusal of the prayer for anticipatory bail has got no merit.
Accordingly, this appeal stands dismissed.
The appellant is directed to surrender before the court below within a period of three weeks.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 01.09.2018 Transmission Date 01.09.2018