Patna High Court
Guddu Mahto @ Guddu Kumar @ Guddu ... vs The State Of Bihar on 5 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2068 of 2020
Arising Out of PS. Case No.-283 Year-2020 Thana- BETTIAH CITY District- West
Champaran
======================================================
1. Guddu Mahto @ Guddu Kumar @ Guddu Kumar Mahto, S/o Raj Kumar
Mahto
2. Vikash Mahto @ Vikahs Kumar, S/o Raj Kumar Mahto,
All are R/o Village- Baswariya, Ward No.30, Daroga Tola, P.S.- Bettiah
(Town), District- West Champaran.
... ... Appellants
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellants : Mr. Bimlesh Kumar Pandey, Advocate
For the Respondent : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 05-02-2021
Heard learned counsel for the appellants and
learned Special Public Prosecutor for the State.
2. By way of the instant application preferred under
Section 14A(2) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'),
the appellants have challenged the order dated 29.08.2020
passed by the learned Additional District and Sessions Judge-1st
-cum-Special Judge, West Champaran at Bettiah in A.B.P.
No.1273 of 2020 whereby he has rejected the prayer for grant of
pre-arrest bail of the appellants in connection with Bettiah
(Town) P.S. Case No.283 of 2020 registered for the offences
Patna High Court CR. APP (SJ) No.2068 of 2020 dt.05-02-2021
punishable under Sections 302 read with 34 of the Indian Penal
Code and Section 3(2)(v-a) of the Act.
3. At the outset, learned counsel for the appellants
submitted that appellant no.1, Guddu Mahto @ Guddu Kumar
@ Guddu Kumar Mahto has already been arrested during the
pendency of appeal. Hence, his appeal is dismissed as
infructuous.
4. According to the prosecution case, the informant's
son left his house on his motorcycle on 11.05.2020 at 10:00 am.
At 10:30 am, co-villager Sandip Ram informed him on mobile
no. of informant's husband that her son has been assaulted with
bamboo stick by the appellants and Jitesh Kumar and two or
three unknown accused persons. After receipt of the
information, she along with her co-villagers reached at the place
of occurrence and saw the appellants, Jitesh Kumar and two or
three unknown persons present at the place of occurrence.
However, on seeing them, they fled away. After that, she
brought her son to Bettiah hospital for better treatment from
where he was referred to Muzaffarpur. When she asked her son
about the incident, he disclosed that the appellants and others
had assaulted him by iron rod and bamboo stick as a result of
which, he had sustained grievous injuries. Subsequently, the
Patna High Court CR. APP (SJ) No.2068 of 2020 dt.05-02-2021
injured died at SKMCH, Muzaffarpur.
5. So far as appellant no. 2 Vikash Mahto @ Vikahs
Kumar is concerned, he contended that from the allegations
made in the FIR, no case under the Act is made out. He further
contended that the first information report is based on the
statement of the mother of the informant, but the statement of
the informant was not recorded while he was undergoing
treatment. He further contended that the informant is not an eye
witness to the occurrence and, thus, the FIR ought to have been
registered by Sandip Ram, who had informed the informant
about the incident
6. On the other hand, learned Special Public
Prosecutor appearing for the State has submitted that there is no
infirmity in the order passed by the court below. He contended
that not only the offences alleged are grave, the allegation made
against the appellant Vikash Mahto @ Vikahs Kumar is quite
serious as he is also alleged to have assaulted the deceased with
bamboo stick and iron rod.
7. Having regard to the facts and circumstances of the
case, I see no illegality or perversity in the impugned order
passed by the court below.
8. Accordingly, the appeal so far as appellant no.2 is
Patna High Court CR. APP (SJ) No.2068 of 2020 dt.05-02-2021
concerned, is dismissed.
9. In case, he surrenders and seeks bail, the same shall
be considered on merits without being prejudiced in any manner
by this order.
(Ashwani Kumar Singh, J.)
sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.02.2021
Transmission Date 08.02.2021
