Patna High Court
Ranjeet Thakur vs The State Of Bihar on 16 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1737 of 2021
Arising Out of PS. Case No.-163 Year-2020 Thana- KALYANPUR District- East Champaran
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RANJEET THAKUR SON OF SHIV KUMAR THAKUR @ SHIVNATH
R/O VILLAGE- DHURUV PAKARI, P.S. KALYANPUR, DIST- EAST
CHAMPARAN
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : M/s Nafisuzzoha, Bal Govind Sharma, Advocates
For the I n f o r m a n t : M/s Abhishek Kr, Rashmi Jha, Sharad Kr Verma,
Advocates
For the S t a t e : Mr Sadanand Paswan, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 16-08-2021
This case has been listed today for consideration through
Video Conferencing.
2 Heard learned counsel for the appellant, informant
and the learned Special Public Prosecutor (for brevity, Special PP)
appearing for the State of Bihar.
3 The appellant has preferred the present Appeal under
Section 14 - A (2) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (for brevity, SC/ST Act) against the
refusal of his prayer for regular bail vide order dated 05.11.2020
passed by Additional Sessions Judge I -cum- Special Judge, SC/ST
Act, East Champaran, Motihari in a case registered under Sections
Patna High Court CR. APP (SJ) No.1737 of 2021 dt.16-08-2021
147, 323, 324, 325, 326, 307, 302, 504, 506, 427 of Indian Penal
Code and Sections 3 (1) (r) (s) of SC/ST Act in connection with
Kalyanpur Police Station (for brevity, PS) Case No 163 of 2020
dated 05.07.2020.
4 While co-accused Ramesh Prasad has stabbed the
victim, it is alleged that the appellant was giving cover with help
of a carbine.
5 The learned counsel for the appellant submits that
specific overt act is alleged against Ramesh Prasad of stabbing the
victim. The death of the victim is also on account of stab injuries.
No firearm injury has been suffered by the victim. Co-accused
Anup Das, against whom there is allegation of catching hold of
deceased, has been allowed bail by this Court in Cr Appeal (SJ)
No 1116 of 2021 on 02.03.2021. The appellant is in custody now
fore more than a year, i e, since 13.07.2020. The appellant is also
accused in three more cases, as per details contained in paragraph
6 of the supplementary affidavit.
6 Learned Special PP as well as learned counsel for the
informant have opposed the prayer for bail. It is their submission
that appellant's active participation appears from the narration of
events.
Patna High Court CR. APP (SJ) No.1737 of 2021 dt.16-08-2021
7 In my opinion, in view of nature of accusation in the
First Information Report, and submission of parties, a case for
grant of regular bail is made out. The impugned order dated
05.11.2020 requires interference by this Court, which is,
accordingly, set aside.
8 This appeal is allowed. The impugned order dated
05.11.2020 passed by Additional Sessions Judge I -cum- Special
Judge, SC/ST Act, East Champaran, Motihari in connection with
Kalyanpur PS Case No 163 of 2020 dated 05.07.2020 is set aside.
9 Let the appellant above named be released on bail on
his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Additional Sessions Judge I -cum- Special Judge, SC/ST Act, East
Champaran, Motihari in Kalyanpur PS Case No 163 of 2020 dated
05.07.2020 subject to the following conditions:
(1) That one of the bailors will be a close relative of the
appellants 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.
Patna High Court CR. APP (SJ) No.1737 of 2021 dt.16-08-2021
(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 17.08.2021
Transmission Date 17.08.2021
