Raushan Kumar @ Raushan Chaudhary vs The State Of Bihar
2021 Latest Caselaw 4798 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL APPEAL (SJ) No. 2178 of 2020
       Arising Out of PS. Case No.-65 Year-2016 Thana- BALIYA District- Begusarai
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Raushan Kumar @ Raushan Chaudhary, Male aged about 38 years, Son of Ram Sagar Chaudhary, Resident of Village - and PO- Masudanpur, PS- Ballia, District- Begusarai.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pushpendra Kumar Singh, Advocate For the State : Ms. Usha Kumari No. 1, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-09-2021

Heard Mr. Pushpendra Kumar Singh, learned counsel

for the appellant and Ms. Usha Kumari No. 1, learned Special

Public Prosecutor (hereinafter referred to as the 'Special PP') for

the State.

2. The present appeal is directed against the order dated

06.07.2020 passed by the learned Special Judge SC/ST (POA),

Begusarai in ABA No. 443 of 2020 by which prayer for

anticipatory bail of the appellant has been rejected.

3. The appellant apprehends arrest in connection with

Ballia PS Case No. 65 of 2016 dated 21.03.2016, instituted under

Sections 147, 148, 149, 341, 342, 302 of the Indian Penal Code, Patna High Court CR. APP (SJ) No.2178 of 2020 dt.27-09-2021

1860; 27 of the Arms Act, 1959 and 3(2)(v) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. The allegation against the appellant, who is not

named in the FIR, is of being party to the death of two brothers-in-

law of the informant who were shot dead.

5. Learned counsel for the appellant submitted that as

per the FIR, the specific allegation is against 13 named persons

and the appellant's name does not figure in the said list. It was

submitted that only during the course of investigation some

witnesses have raised suspicion about the involvement of the

appellant because he was also present at the spot. Learned counsel

submitted that as per the allegation, co-accused Surendra

Choudhary, Himmat Choudhary, Jitendra Choudhary and Chhote

Lal Choudhary had fired on the deceased leading to their death

and Himmat Choudhary has been granted anticipatory bail, as

noticed by a co-ordinate Bench while granting bail to co-accused

Lalan Kumar Choudhary @ Lalan Choudhary by order dated

06.12.2017 passed in Cr. Appeal (SJ) No. 3175 of 2017. It was

further submitted that another co-accused Bijal Choudhary @ Bijo

Choudhary @ Bijay Chaudhary has also been granted anticipatory

bail by order dated 11.05.2018 passed by a co-ordinate Bench in

Cr. Appeal (SJ) No. 1135 of 2018 and further, co-accused Ravi Patna High Court CR. APP (SJ) No.2178 of 2020 dt.27-09-2021

Kumar has also been granted anticipatory bail by order dated

14.02.2020 by a co-ordinate Bench in Cr. Appeal (SJ) No. 4618 of

2019. Learned counsel submitted that the appellant besides being

innocent has also not got any other criminal antecedent.

6. Learned Special PP submitted that the appellant has

also been found to be present at the spot. However, it was not

controverted that in the FIR he has not been named and it has not

been alleged that any other unknown persons were present at the

time of the incident.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in view of

the appellant not being named in the FIR and there being no other

unknown accused as also him not having any other criminal

antecedent and named co-accused having been granted

anticipatory bail by co-ordinate Benches, the Court is inclined to

allow the prayer for pre-arrest bail of the appellant.

8. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the appellant be

released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned Special Judge SC/ST (POA),

Begusarai in Ballia PS Case No. 65 of 2016 subject to the Patna High Court CR. APP (SJ) No.2178 of 2020 dt.27-09-2021

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further, (i) that one of the bailors shall be a

close relative of the appellant, (ii) that the appellant and the

bailors shall execute bond and give undertaking with regard to

good behaviour of the appellant and (iii) that he shall co-operate

with the Court and police/prosecution. Any violation of the terms

and conditions of the bonds or the undertaking or failure to co-

operate shall lead to cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions by the appellant, to the

notice of the Court concerned, which shall take immediate action

on the same after giving opportunity of hearing to the appellant.

10. Accordingly, the order impugned is set aside and the

appeal stands allowed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T