Patna High Court
Bijli Kumar vs The State Of Bihar on 21 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1307 of 2021
Arising Out of PS. Case No.-260 Year-2020 Thana- BARH District- Patna
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BIJLI KUMAR Son of Ram Janam Yadav @ Lallu Rai Resident of Village
and Post - Bhatgaon, P.S.- Barh, Dist.- Patna.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Prem Kumar, Advocate
For the Respondent/s : Mr Sadanand Paswan, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 21-06-2021
This case has been listed today for consideration through
Video Conferencing.
2 Heard learned counsel for the appellant and the
learned 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 (for brevity, SC/ST Act),
1989 against the refusal of his prayer for regular bail vide
order dated 16.10.2020 passed in Special Case No 324 of 2020
by Additional Sessions Judge X -cum- Special Judge, SC/ST
Act, Patna in a case registered under Sections 341, 323, 307,
504/34 of Indian Penal Code, Section 27 of Arms Act and
Sections 3 (i) (r) (s)/3 (2) (va) of SC/ST Act in connection with
Barh Police Station (for brevity, PS) Case No 260 of 2020.
Patna High Court CR. APP (SJ) No.1307 of 2021 dt.21-06-2021
4 There is allegation that 6 - 7 persons have come
and assaulted the informant.
5 Appellant's counsel submits that specific firearm
injury is attributed to co-accused Badal Kumar and Rudal
Kumar. Against the other co-accused including the appellant,
there is omnibus allegation of assault. The appellant, as per
statement in the Memo of Appeal, bears no criminal
antecedent.
6 This Court had earlier called for case diary. From
perusal of the same, it appears that independent witnesses have
not supported the allegations. Injury Report also does not
sustain the general and omnibus allegations of assault by
lathi/danda made against the appellant. The appellant is in
custody since 26.07.2020.
7 Learned Special PP has opposed the prayer for
bail.
8 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 16.10.2020 requires interference by this Court, which is,
accordingly, set aside.
9 This appeal is allowed. The impugned order
dated 16.10.2020 passed in Special Case No 324 of 2020 by
Additional Sessions Judge X -cum- Special Judge, SC/ST Act,
Patna in connection with Barh PS Case No 260 of 2020 is set
aside.
10 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 X -cum- Special
Patna High Court CR. APP (SJ) No.1307 of 2021 dt.21-06-2021
Judge, SC/ST Act, Patna in Barh PS Case No 260 of 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.
(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 22.06.2021
Transmission Date 22.06.2021
