Patna High Court
Md Ishaque vs The State Of Bihar on 8 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.469 of 2021
Arising Out of PS. Case No.-48 Year-2020 Thana- THAKURGANJ District- Kishanganj
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1. MD ISHAQUE S/o Md Hussain R/o village- Shayam Lal Bhitta, P.S.-
Thakurganj, District- Kishanganj
2. MD NOORUDDIN S/o Md Hussain R/o village- Shayam Lal Bhitta, P.S.-
Thakurganj, District- Kishanganj
3. MD WAKIL @ MD AKIL S/o Md. Ishaque R/o village- Shayam Lal Bhitta,
P.S.- Thakurganj, District- Kishanganj
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Ram Prawesh Kumar, Advocate
For the Respondent/s : Mr Sadanand Paswan, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 08-03-2021
Heard learned counsel for the appellants and the
learned Special PP for the State.
2 The appellants have preferred the present Appeal
under Section 14A (2) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for brevity, SC/ST
Act) against the refusal of their prayer for regular bail vide
order dated 12.08.2020 passed by Additional Sessions Judge I
-cum- Special Judge, Kishanganj in a case registered under
Sections 147, 148, 149, 302, 307, 324, 326 of Indian Penal
Code and Sections 3 (2) (v) (1) (s) of SC/ST Act in connection
with Thakurganj Police Station (for brevity, PS) Case No 48 of
2020.
Patna High Court CR. APP (SJ) No.469 of 2021 dt.08-03-2021
3 A quarrel between the female members of two
families appears to be the background in which the alleged
occurrence took place. It is alleged that the co-accused Lal
Bahadur, appellants and other persons named in the First
Information Report (for brevity, FIR) had become violent and
they were using abusive language against the informant's
husband and other family members. There is specific
allegation against co-accused Lal Bahadur of having assaulted
the informant's husband with a dagger in his abdomen leading
to grievous injuries to which he subsequently succumbed.
Appellant No 2 is in custody since 04.05.2020 and Appellants
No 1 and 3 are in custody since 26.04.2020. As per statement
made in paragraph 3 of the Memo of Appeal, Appellants have
no criminal antecedents.
4 Learned counsel appearing on behalf of the
appellants submits that there is no specific overt act alleged
against the appellants.
5 In my opinion, in view of nature of accusation in
the FIR, a case for grant of regular bail is made out. The
impugned order dated 12.08.2020 requires interference by this
Court, which is, accordingly, set aside.
6 Learned Special PP for the State has opposed the
prayer for bail.
7 Considering the rival submissions, this appeal is
allowed. The impugned order dated 12.08.2020 passed by
Additional Sessions Judge I -cum- Special Judge, Kishanganj
in connection with Thakurganj PS Case No 48 of 2020 is set
aside.
8 Let the appellants above named be released on bail
on each of them furnishing bonds of Rs 10,000/- (Rupees Ten
Patna High Court CR. APP (SJ) No.469 of 2021 dt.08-03-2021
Thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge I -cum- Special
Judge, Kishanganj in Thakurganj Police Station Case No 48 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 appellants. The bailor will also
undertake to inform the Court if there is any change in the
address of the appellants.
(2) That the appellants will be well represented on
each date and if they fail to do so on two consecutive dates,
their bail will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.03.2021
Transmission Date 08.03.2021
