Ashok Chaudhary vs The State Of Bihar
2022 Latest Caselaw 4561 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.516 of 2022
          Arising Out of PS. Case No.-94 Year-2021 Thana- NAUHATTA District- Saharsa
     ======================================================

Ashok Chaudhary Son Of Surendra Chaudhary Resident Of Village- Muradpur (TARAHI), Ward No. 01, Police Station- Nawhatta, District- Saharsa

... ... Appellant/s Versus

1. The State of Bihar

2. Vikash Chaudhary Son Of Ramvilash Choudhary Resident Of Village-

Muradpur (TARAHI), Ward No. 05, Police Station- Nawhatta, District- Saharsa

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

For the Appellant/s : Mr.Satish Kumar Singh, Advocate For the Respondent/s : Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 18-08-2022

Heard learned counsel for the appellant and learned

APP for the State.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from the date of

resumption of physical filing and physical removal of defect.

This is an appeal under Section 14(A)(2) of the

Scheduled Caste and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the refusal of prayer for bail vide

order dated 11.01.2022 passed by the learned Additional

Sessions Judge 3- Cum-Special Judge, Saharsa, in Special Case

No. 77/2021 arising out of Nawhatta P.S. Case No. 94 of 2021 Patna High Court CR. APP (SJ) No.516 of 2022 dt.18-08-2022

registered for the alleged offences under Sections 147, 148, 149,

341, 323, 307, 504 and 506 of the Indian Penal Code and

Section 27 of the Arms Act and Sections 3(1) (r) (s) of the

Scheduled Cast and Scheduled Tribes (Prevention of Atrocities)

Act.

From the office report, it transpires that notice has

been served upon Respondent No. 2/ informant, still none is

present on behalf of the Respondent No. 2.

As per prosecution case, the appellant along with

other co-accused persons variously armed, have been

threatening one Raghu Yadav and when the informant and one

Nunu Lal Paswan tried to intervene to pacify them, co-accused

Md. Parwez fired upon the informant and the shot hit him on the

upper left side of chest.

Leaned counsel for the appellant submits that the

allegation against the appellant are false and concocted. It is

apparent from the FIR that allegations are general and omnibus

against the appellant and other co-accused persons and there is

only one specific allegation and that is against co-accused Md.

Parwez that he fired upon the informant causing injury to him.

Even the institution of the case under the provisions of SC/SC

(Prevention of Atrocities) Act is not justified, as the informant Patna High Court CR. APP (SJ) No.516 of 2022 dt.18-08-2022

belongs to extremely backward caste and he does not belong to

either SC or ST category. Learned counsel further submits that a

compromise has been arrived at between the parties and a

petition to this effect has been filed before the learned court

below on 23.12.2021. Even from the facts of the FIR, hardly

any offence is made out against the appellant under the

provisions of Indian Penal Code or under the SC/ST (Prevention

of Atrocities) Act. Charge sheet has been submitted in this case

and the appellant is in custody since 18.12.2021. The appellant

has got clean antecedent.

Learned APP for the State opposes the prayer for bail

of the appellant.

Having regard to the facts and circumstances and

considering the absence of any specific overt act attributable to

the appellant and further considering vague and general

allegation made against the appellant and submission of charge

sheet along with period of custody of the appellant and also

considering the clean antecedent of the appellant, the appellant

above named is directed to 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 learned Additional

Sessions Judge 3-cum- Special Judge, Saharsa in connection Patna High Court CR. APP (SJ) No.516 of 2022 dt.18-08-2022

with Special Case No. 77/2021 arising out of Nawhatta P.S.

Case No. 94 of 2021, subject to the following conditions :

(i) One of the bailors will be a close

relative of the appellant.

(ii) The appellant will remain present

on each and every date fixed by the

court below.

(iii) In case of absence for three

consecutive dates or in violation of the

terms of the bail, the bail bond of the

appellant will be liable to be cancelled

by the court concerned.

Accordingly, the impugned order is set aside and the appeal

stands allowed.

(Arun Kumar Jha, J) Gautam/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.08.2022
Transmission Date       23.08.2022