Patna High Court
Alok Mallah vs The State Of Bihar on 12 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2028 of 2020
Arising Out of PS. Case No.-102 Year-2020 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
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1. Alok Mallah S/o Nandu Mallah Resident of Village-Masahi, P.S.-
Bhagwanpur, District-Kaimur
2. Nandu Mallah S/o Late Bishwanath Mallah Resident of Village-Masahi,
P.S.-Bhagwanpur, District-Kaimur
3. Rajendra Mallah S/o Late Bishwanath Mallah Resident of Village-Masahi,
P.S.-Bhagwanpur, District-Kaimur
4. Amar Mallah S/o Late Shankar Mallah Resident of Village-Masahi, P.S.-
Bhagwanpur, District-Kaimur
... ... Appellants
Versus
The State Of Bihar
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Satyendra Pandey, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 12-03-2021
Heard learned counsel for the appellants and
learned Spl. P.P. for the State.
2. In the present appeal preferred under Section
14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (for short "the SC/ST Act"), the
appellants have challenged the order dated 09.07.2020 passed
by the learned Addl. District & Sessions Judge-I-cum-Special
Judge, Kaimur at Bhabua in A.B.P. No. 580 of 2020, whereby
their prayer for grant of pre-arrest bail in connection with
Bhagwanpur P.S. Case No. 102 of 2020 registered for the
offences punishable under Section 429 of the Indian Penal Code
Patna High Court CR. APP (SJ) No.2028 of 2020 dt.12-03-2021
and Section 3(1)(r)(s) of the SC/ST Act has been rejected.
3. Learned counsel appearing for the appellants
submitted that the allegations made in the first information
report do not attract the ingredients of the offence punishable
under the SC/ST Act. He contended that so far as Section 429 of
the Indian Penal Code is concerned, the same is bailable in
nature.
4. On the other hand, learned counsel appearing for
the State submitted that from the first information report, it
would be evident that on the alleged date and time while the
informant was taking his cattle for grazing, he found that the
appellants had left naked electrical wire on a land of forest
department situated behind his house, as a result of which, a
cattle belonging to the informant died and when the informant
tried to inquire, the appellants abused him by taking his caste
name.
5. In reply, learned counsel appearing for the
appellants submitted that all the appellants belong to the same
family. In the first information report, there is no mention of
abusive word the appellants used against the informant. It is also
not mentioned as to who abused the informant. He contended
that only an omnibus and vague allegation of use of abusive
Patna High Court CR. APP (SJ) No.2028 of 2020 dt.12-03-2021
word has been levelled in the FIR, which would not be suffice to
attract the ingredients of the offence alleged under the SC/ST
Act.
6. Having heard the parties and perused the materials
on record, I find force in the submissions of the learned counsel
for the appellants. Accordingly, the impugned order dated
9.07.2020 passed in A.B.P. No. 580 of 2020 by the learned Addl.
District & Sessions Judge-I-cum-Special Judge, Kaimur at
Bhabua is, hereby, set aside.
7. The appellants are directed to be released on bail,
in the event of their arrest or surrender, on furnishing bail bond
of Rs.10,000/- (Rupees ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Addl. District
& Sessions Judge-I-cum-Special Judge, Kaimur at Bhabua in
connection with Bhagwanpur P.S. Case No. 102 of 2020, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure.
8. The appeal stands allowed.
rohit/- (Ashwani Kumar Singh, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17-03-2021
Transmission Date 17-03-2021
