Allowed

Shambhu Chaudhari and Ors. v. The State of Bihar

Patna HC17 Jul 2019CR. APP (SJ)/877/2019

Case brief

AI extract

What is this about?

In an appeal against the refusal of anticipatory bail, the Patna High Court granted bail to appellants accused of torching a cattle house and alleged assault under sections of the Indian Penal Code and the SC/ST Act.

What did the court decide?

Appellants released on bail on furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C.

Shambhu Chaudhari and Ors. Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.877 of 2019

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Arising Out of PS. Case No.-86 Year-2018 Thana- MAJHAULIA District- West Champaran

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======================================================

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SHAMBHU CHAUDHARI, Son of Late Raghunath Chaudhary Resident of Village - Bahuarwa, P.S.- Majhauliya, District - West Champaran

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Gauri Shankar Chaudhary @ Gauri Chaudhary, Son of Shambhu Chaudhary Resident of Village - Bahuarwa, P.S.- Majhauliya, District - West Champaran

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Subhash Chaudhary @ Sabhash Chaudhary son of Shambhu Chaudhary Resident of Village - Bahuarwa, P.S.- Majhauliya, District - West Champaran

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar No 7 For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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7 17-07-2019 Heard learned counsel for the appellants and learned Spl. PP for the State.

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This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 24.09.2018 passed by learned 1^st Addl. District and Sessions Judge cum Special Judge, Bettiah, West Champaran in Majhauliya P.S. Case No. 86 of 2018 registered under Sections 341, 323 and 453/34 of the Indian Penal Code and Sections 3(2) (va) of the SC/ST Act.

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Appellants along with three other accused persons

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Patna High Court CR. APP (SJ) No.877 of 2019(7) dt.17-07-2019 2/3

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including Pappu Giri are said to have torched the cattle house of the informant and also shoved the informant in the fire over row of not executing land by co-accused Pappu Giri even after taking Rs.50000/- from the informant.

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It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. Appellants have been falsely implicated in the case by the informant as they happen to be associate of Pappu Giri with whom property dispute of the informant is pending. The allegation levelled against the appellants is not specific rather general and omnibus in nature. The torched house is cattle house and not dwelling house. Informant has not sustained any injury in the occurrence. Appellants happen to be member of the SC community. They have no criminal antecedent. Similarly situated co-accused namely Guddu Giri, Pappu Giri and Ramdeo Giri have been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 05.02.2019 passed in Cr. Appeal (SJ) No. 4835 of 2018.

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Learned Spl. PP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, let the above named appellants, be released on bail, in the

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Patna High Court CR. APP (SJ) No.877 of 2019(7) dt.17-07-2019 3/3

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event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. District and Sessions Judge cum Special Judge, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 86 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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mantreshwar/-

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U T

Shambhu Chaudhari and Ors. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shambhu Chaudhari and Ors. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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