Amarjet Kumar @ Kaliya vs The State Of Bihar
2021 Latest Caselaw 3718 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No 2342 of 2021
   Arising Out of PS. Case No.-149 Year-2020 Thana- AKHODHIGOLA District- Rohtas
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AMARJET KUMAR @ KALIYA Son of Nanhak Singh @ Shiv Kumar Singh Resident of Village - Bank, P.S.- Akorhi Gola, Distt.- Rohtas, (Bihar)

... ... Appellant/s Versus THE STATE OF BIHAR

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr Dhaneshwar Prasad Gupta, Advocate For the Respondent/s : Ms Usha Kumari I, Special PP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 27-07-2021

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 brevity, Special PP)

appearing for the State of Bihar.

3 The appellant has preferred the present Appeal under

Section 14 - A of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (for brevity, SC/ST Act), 1989

against the refusal of his prayer for regular bail vide order dated

27.02.2021 passed by Additional Sessions Judge I -cum- Special

Judge, Rohtas at Sasaram in a case registered under Sections

302/34 of Indian Penal Code and Sections 3 (2) (v) of SC/ST Act Patna High Court CR. APP (SJ) No.2342 of 2021 dt.27-07-2021

in connection with Reg Case No 330 of 2020 arising out of Akorhi

Gola Police Station (for brevity, PS) Case No 149 of 2020.

4 The case of the informant is that the appellant has

called her son for assistance in catching the train. He has not

returned in the night and next day in the wee hours at 5 am, dead

body had been found near a pond. The informant has named the

appellant along with the family members of one Riya Devi with

whom it is alleged that the deceased was having an illicit relation.

5 The learned counsel for the appellant submits that the

appellant has no concern with the family of Riya Devi. The

investigation also has, at best, revealed that the appellant was

talking on his mobile phone with the deceased. The said material

is highly insignificant in view of the fact that the deceased, on his

own volition, had accompanied the appellant when he had gone to

call him from his home. In the investigation, witnesses have stated

about seeing the appellant stabbing the throat of the deceased

whereas no sharp cutting injury has been found on the neck of the

deceased in the post mortem report. The implication of the

appellant, therefore, is merely on suspicion. The submission is of

false implication without any basis. It is further submitted that the

appellant is in custody since 16.12.2020 and bears a clean past. Patna High Court CR. APP (SJ) No.2342 of 2021 dt.27-07-2021

6 Learned Special PP has opposed the prayer for bail.

She has submitted that the mobile phone call was found in the

locality, where the deceased has been done to death, at the time of

the alleged occurrence, as per material collected during the course

of investigation.

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

27.02.2021 requires interference by this Court, which is,

accordingly, set aside.

8 This appeal is allowed. The impugned order dated

27.02.2021 passed by Additional Sessions Judge I -cum- Special

Judge, Rohtas at Sasaram in connection with Reg Case No 330 of

2020 arising out of Akorhi Gola PS Case No 149 of 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, Rohtas at

Sasaram in Reg Case No 330 of 2020 arising out of Akorhi Gola

PS Case No 149 of 2020 subject to the following conditions:

Patna High Court CR. APP (SJ) No.2342 of 2021 dt.27-07-2021

(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          30.07.2021
Transmission Date       30.07.2021