Patna High Court
Rahul Kumar vs The State Of Bihar on 23 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1314 of 2021
Arising Out of PS. Case No.-2 Year-2020 Thana- KARPI District- Jehanabad
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1. Rahul Kumar S/O Shri Laxshuman Sao R/o village - Neona, Sarmastpur,
P.S. - Karpi, District - Arwal.
2. Sintu Kumar @ Satyam S/o Binod Singh R/o village - Neona, Sarmastpur,
P.S. - Karpi, District - Arwal.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Kunwar Digvijay Singh
For the State : Spl PP
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 23-03-2021
Heard learned counsel for appellants and learned Spl. PP
for the State.
2. Learned counsel for the appellants is expected to
honour his undertaking given in the instant case for depositing the
requisite court fee and to remove the defects as pointed out by
office when called upon to do so.
3. The appellants have preferred the present appeal
under Section 14A(2) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act,1989 (for short 'the SC/ST
Act') against the refusal of prayer for regular bail vide order dated
27.11.2020, passed by learned Additional Sessions Judge-1st-cum-
Special Judge SC/ST Act, Jehanabad in Karpi PS Case No. 02 of
2020, Special SC/ST PS Case No. 03 of 2020 registered under
Section 302 of the Indian Penal Code and Sections 3(2)(v) of the
SC/ST Act.
Patna High Court CR. APP (SJ) No.1314 of 2021 dt.23-03-2021
4. As per allegation in the First Information Report, the
husband of the informant did not return home from his shop and it
subsequently, transpired that he was lying dead on the road side
with his motorcycle nearby.
5. It is submitted by the appellants' counsel that the
First Information report was registered against unknown. The
cause of death of the husband of the informant is stated to be a gun
shot injury on his head. The name of the appellants transpired on
the basis of confessional statement of co-accused, namely, Shiv
Kumar. The said Shiv Kumar has been allowed bail in Cr. Appeal
(SJ) No. 1680 of 2020. Another co-accused Ranjan Kumar Patel
has also been allowed bail in Cr. Appeal (SJ) No. 827 of 2021 and,
therefore, prayer for bail has been made also on the ground of
parity. Informant in her re-statement has also not stated anything
about the instant appellants.
6. The learned Spl. PP has opposed the prayer for bail.
7. Considering the rival submissions, this appeal is
allowed. The impugned order dated 27.11.2020, passed by learned
Additional Sessions Judge-1st-cum- Special Judge, SC/ST Act,
Jehanabad, in Karpi PS Case No. 02 of 2020, Special SC/ST PS
Case No. 03 of 2020, is set aside. Let the appellants, above named,
be released on bail 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 Additional Sessions Judge-1st-cum-
Special Judge SC/ST Act, Jehanabad, in Karpi PS Case No. 02 of
2020, Special SC/ST PS Case No. 03 of 2020, subject to the
following conditions:-
(i) 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
Patna High Court CR. APP (SJ) No.1314 of 2021 dt.23-03-2021
inform the Court if there is any change in the address of the
appellants.
(ii) That the appellants will be well represented on each
date and if they fails to do so on two consecutive dates, their bail
bond will be liable to be cancelled.
(Madhuresh Prasad, J)
shyambihari/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.03.2021
Transmission Date 24.03.2021
