Patna High Court
Tengar Mushar vs The State Of Bihar on 8 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1355 of 2021
Arising Out of PS. Case No.-23 Year-2019 Thana- PIRO District- Bhojpur
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TENGAR MUSHAR S/O LATE RAM BILAS MUSHAR R/O VILLAGE-
TILATH MUSHAR TOLI, P.S.-PIRO DISTRICT-BHOJPUR
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Shiv Prasad Gupta, Advocate
For the Respondent/s : Mr Binay Krishna, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 08-04-2021
This case has been taken up for consideration today
through Video Conferencing.
Heard learned counsel for the appellant and the learned
Special PP for the State.
2 The appellant has preferred the present Appeal under
Section 14 A (2) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act)
against the refusal of his prayer for regular bail vide order dated
13.01.2021 passed by Additional Sessions Judge I, Bhojpur at Ara
in a case registered under Sections 302/34, 504, 506 of Indian
Penal Code, Section 27 of Arms Act and Sections 3 (i) (r) (s), 3 (2)
(va) of SC/ST Act in connection with Piro Police Station (for
brevity, PS) Case No 23 of 2019.
Patna High Court CR. APP (SJ) No.1355 of 2021 dt.08-04-2021
3 Allegation in the First Information Report (for brevity,
FIR) is of causing death of the informant's husband by firing upon
his chest. Specific gunshot injury is attributed against co-accused
Balsar Rai.
4 Appellant's counsel submits that the appellant bears a
clean antecedent. He is a neighbour of the victim and informant,
as would be apparent from the FIR itself. He has been named on
extraneous considerations. After narration of the entire incident, at
the end of the FIR, on the allegation that he too has exhorted the
main assailant. Under such circumstances, the appellant is in
custody since 30.08.2019.
5 Learned Special PP for the State has opposed the
prayer for bail.
6 In my opinion, a case for grant of regular bail is made
out. The impugned order dated 13.01.2021 requires interference
by this Court, which is, accordingly, set aside.
7 Considering the rival submissions, this appeal is
allowed. The impugned order dated 13.01.2021 passed by
Additional Sessions Judge I, Bhojpur at Ara in connection with
Piro PS Case No 23 of 2019 is set aside.
8 Let the appellant above named be released on bail on
his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with
Patna High Court CR. APP (SJ) No.1355 of 2021 dt.08-04-2021
two sureties of the like amount each to the satisfaction of
Additional Sessions Judge I, Bhojpur at Ara in Piro PS Case No 23
of 2019 subject to the following conditions:
(1) That one of the bailors will be a close relative of the
appellant who will give an affidavit giving genealogy as to how he
is related with the appellant. The bailor will also undertake to
inform the Court if there is any change in the address of the
appellant.
(2) That the appellant will be well represented on each
date and if he fails to do so on two consecutive dates, his bail will
be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.04.2021
Transmission Date 11.04.2021
