Patna High Court
Shyam Mohan Sharma vs The State Of Bihar on 9 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 360 of 2021
Arising Out of PS. Case No.-23 Year-2000 Thana- DEOKUND District- Aurangabad
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SHYAM MOHAN SHARMA Son of Late Ram Ratan Sharma Resident of
Village- Senari, P.S.- Banshi, District- Arwal.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Shivendra Prasad, Advocate
For the Respondent/s : Mr Binay Krishna, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 09-07-2021
This case has been listed today for consideration through
Video Conferencing.
2 Heard learned counsel for the appellant and the
learned Special Public Prosecutor for the State.
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 03.11.2020
passed in BP No 639 of 2020 by Additional Sessions Judge I,
Aurangabad in a case registered under Sections 147, 148, 149,
341, 343, 326, 307, 302, 120B of Indian Penal Code, Section 27 of
Patna High Court CR. APP (SJ) No.360 of 2021 dt.09-07-2021
Arms Act and Section 17 of the Criminal Law (Amendment) Act
in connection with Deokund Police Station (for brevity, PS) Case
No 23 of 2000.
4 There is an allegation that 21 named accused persons
and hundreds of unknown persons have indulged in a mass killing
based on some caste rivalry.
5 It is submitted by the appellant's counsel that
appellant is not one of the 21 named persons. About 80 to 90
persons, including 20 injured persons, have been examined. Only
one has named the appellant. Even as per statement of this person
made at paragraph 80 of case diary, at best, appellant was coming
to the village at the time of occurrence. Several persons, who
faced the trial, have been acquitted. The appellant was suddenly
arrested on 13.02.2020 and, thereafter, he came to know that he
too has been implicated in this case. Several accused persons have
already been granted bail, as per details mentioned in the
supplementary affidavit filed by the appellant. It is further
submitted that the appellant has no other antecedents.
6 Learned Special PP has opposed the prayer for bail. It
is submitted that it is a mass killing. He, however, is not in a
position to deny or dispute the submission of the appellant's
Patna High Court CR. APP (SJ) No.360 of 2021 dt.09-07-2021
counsel that there is only one person who stated about the
appellant and that he was coming towards the village.
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
03.11.2020 passed in BP No 639 of 2020 requires interference by
this Court, which is, accordingly, set aside.
8 This appeal is allowed. The impugned order dated
03.11.2020 passed in BP No 639 of 2020 by Additional Sessions
Judge I, Aurangabad in connection with Deokund PS Case No 23
of 2000 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, Aurangabad in Deokund PS Case No
23 of 2000 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.360 of 2021 dt.09-07-2021
(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 10.07.2021
Transmission Date 10.07.2021
