Shaligram Kapri @ Sallo Singh vs The State Of Bihar
2021 Latest Caselaw 1472 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No 837 of 2021
            Arising Out of PS. Case No.-645 Year-2015 Thana- BANKA District- Banka
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1. SHALIGRAM KAPRI @ SALLO SINGH Son of Late Bagharo Singh @ Bageshwar Kapri Resident of Village- Rampur, P.S. and Distt- Banka.

2. Munna Raut @ Munna Kapri @ Munna Kumar Son of Bhairo Kapri @ Bhairi Kapri @ Moti Raut Resident of Village- Rampur, P.S. and Distt- Banka.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr Balram Kapri, Advocate For the Respondent/s : Mr Sadanand Paswan, Special PP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 16-03-2021

Heard learned counsel for the appellants and the learned

Special PP for the State.

2 The appellants have preferred the present Appeal

under Section 14 A (2) of Scheduled Castes and Scheduled Tribes

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

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

03.03.2020 passed by Additional Sessions Judge I, Banka in a case

registered under Sections 147, 148, 149, 341, 323, 325, 307, 447,

504 of Indian Penal Code and Sections 3 (i) (x) of SC/ST Act in

connection with Banka Police Station (for brevity, PS) Case No

645 of 2015 dated 25.10.2015.

Patna High Court CR. APP (SJ) No.837 of 2021 dt.16-03-2021

3 Allegation in the First Information Report (for brevity,

FIR) is that the accused persons, including the petitioners, have

come to the lands wherein informant along with his nephew has

gone to inspect the paddy crops. Co-accused Bhola Singh and

Prakash Raut have ordered to kill whereupon co-accused Bhola

Singh assaulted the informant. Co-accused Prakash Raut and

Pappu Raut have also been named as one of those who assaulted.

4 Learned counsel for the appellants submits that, even

as per the prosecution case, specific assault and exhortation is

alleged against co-accused Bhola Singh, Prakash Raut and Pappu

Raut. The appellants have been implicated due to extraneous

considerations as at the relevant time, they were working in their

own land. The appellants, in the circumstances, are in custody

since 14.02.2020, i e, more than a year.

5 In my opinion, a case for grant of regular bail is made

out. The impugned order dated 03.03.2020 requires interference

by this Court, which is, accordingly, set aside.

6 Learned Special PP for the State has opposed the

prayer for bail. It is submitted that allegation is that all the

accused persons have resorted to assault.

7 Considering the rival submissions, this appeal is

allowed. The impugned order dated 03.03.2020 passed by Patna High Court CR. APP (SJ) No.837 of 2021 dt.16-03-2021

Additional Sessions Judge I, Banka in connection with Banka PS

Case No 645 of 2015 dated 25.10.2015 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

Thousand) with two sureties of the like amount each to the

satisfaction of Additional Sessions Judge I, Banka in Banka PS

Case No 645 of 2015 dated 25.10.2015 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          17.03.2021
Transmission Date       17.03.2021