Patna High Court
Sudama Kumar vs The State Of Bihar on 15 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 2338 of 2021
Arising Out of PS. Case No.-65 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
SUDAMA KUMAR Son of Late Ramchandra Sah R/o Village- Baghi, P.S.-
Lohiyanagar, District- Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : M/s Nasrul Huda Khan, Arjun Pd, Advocates
For the Respondent/s : Mr Binay Krishna, Special PP
======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 15-07-2021
This case has been listed today for consideration through
Video Conferencing.
2 Heard learned counsel for the appellant and the
learned Special Public Prosecutor (Special PP) 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, 1989 (for brevity, SC/ST Act)
against the refusal of his prayer for regular bail vide order dated
18.03.2021 passed by Special Judge, SC/ST Act, Begusarai in a
case registered under Sections 147, 148, 149, 341, 307, 353 of
Indian Penal Code and Sections 3 (i) (r), 3 (2v) of SC/ST Act in
Patna High Court CR. APP (SJ) No.2338 of 2021 dt.15-07-2021
connection with Town (Lohianagar OP) Police Station (for brevity,
PS) Case No 65 of 2021, GR No 10 of 2021.
4 It is the case of the prosecution that 7 to 8 persons
stopped the informant who is the Bodyguard of the Sub Divisional
Officer, Begusarai and have assaulted him and tried to snatch the
arms from his possession. The persons have fled away.
5 Learned counsel for the appellant submits that the
allegation is in respect of maximum 08 persons, all of whom have
been named by the informant. Appellant is not a named accused
and his name has been taken by one of the co-accused during
course of investigation. Such exculpatory statement has no
evidentiary value. The fact of implication of a 09 th person having
regard to the allegation of the occurrence committed by 7 to 8
persons renders the appellant's implication improbable. It is a case
of false implication based on extraneous considerations. Appellant
has no criminal antecedent and he is in custody since 29.01.2021.
6 Learned Special PP has opposed the prayer for bail.
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
18.03.2021 requires interference by this Court, which is,
accordingly, set aside.
Patna High Court CR. APP (SJ) No.2338 of 2021 dt.15-07-2021
8 This appeal is allowed. The impugned order dated
18.03.2021 passed by Special Judge, SC/ST Act, Begusarai in
connection with Town (Lohianagar OP) PS Case No 65 of 2021,
GR No 10 of 2021 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 Special
Judge, SC/ST Act, Begusarai in Town (Lohianagar OP) PS Case
No 65 of 2021, GR No 10 of 2021 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.
(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 17.07.2021
Transmission Date 17.07.2021
