Patna High Court
Manoj Keshari vs The State Of Bihar on 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1291 of 2021
Arising Out of PS. Case No.-128 Year-2020 Thana- KOCHAS District- Rohtas
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MANOJ KESHARI Son of Shriram Keshri Resident of Village - Kochas
Ward -11, P.S.- Kochas, District - Rohtas.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr D K Sinha, Sr Advocate with
Mr Abhinay Raj, Advocate
For the Respondent/s : Mr Binay Krishna, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 28-06-2021
This case has been listed today for consideration through
Video Conferencing.
2 Heard learned senior 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)
against the refusal of his prayer for regular bail vide order
dated 05.01.2020 passed in Reg Case No 178 of 2020 by
Additional Sessions Judge I -cum- Special Judge, Rohtas at
Sasaram in a case registered under Sections 342, 323, 307,
504, 506/34 of Indian Penal Code and Sections 3 (i) (R) (S) of
SC/ST Act in connection with Kochas Police Station (for
brevity, PS) Case No 128 of 2020.
Patna High Court CR. APP (SJ) No.1291 of 2021 dt.28-06-2021
4 There is allegation that co-accused Vinod Keshari
along with the appellant and other co-accused persons have
abused the informant by caste name and threatened him to
withdraw the earlier cases.
5 It is submitted by the learned senior counsel for
the appellant that from perusal of the injury report, it is
obvious that, one grievous injury sustained by victim Abhishek
Kumar, as per prosecution case, is attributed to co-accused
Vinod Keshari. Appellant has been levelled general and
omnibus allegations and the number of injuries, found on
Abhishek Kumar, does not corroborate the allegation levelled
against all the accused persons. The appellant has, in the
circumstances, been in custody since 18.11.2020. It is further
submitted that there are two cases pending against the
appellant from before.
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 05.01.2020 requires interference by this Court, which is,
accordingly, set aside.
8 This appeal is allowed. The impugned order
dated 05.01.2020 passed in Reg Case No 178 of 2020 by
Additional Sessions Judge I -cum- Special Judge, Rohtas at
Sasaram in connection with Kochas PS Case No 128 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
Patna High Court CR. APP (SJ) No.1291 of 2021 dt.28-06-2021
Additional Sessions Judge I -cum- Special Judge, Rohtas at
Sasaram in Reg Case No 178 of 2020 arising out of Kochas PS
Case No 128 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 29.06.2021
Transmission Date 29.06.2021
