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Patna High CourtCR. APP (SJ)/5844/2019allowed

Sunil Chauhan v. The State Of Bihar

2020-02-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5844 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- JIRADEI District- Siwan ====================================================== SUNIL CHAUHAN Son of Raja Ram Chauhan Resident of Village - Karhanu, P.S.- Jiradei, District- Siwan ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Prashant Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2020 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 refusal of the prayer for bail by order dated 04.12.2019 in Jiradei P.S. Case No. 58 of 2019 passed by learned Additional District and Session Judge-1 (Special Judge), Siwan in connection with aforesaid case, registered under Sections 147, 149, 447, 324, 307, 379, 504 of the Indian Penal Code as well as section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is general and omnibus allegation of commission of murderous assault against ten persons including the appellant. Appellant is in custody since 26.11.2019.

Patna High Court CR. APP (SJ) No.5844 of 2019(3) dt.05-02-2020 2/2 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) Ranjeet/Gaurav U T