Prem Ranjan Kumar vs The State Of Bihar
2021 Latest Caselaw 2107 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.1928 of 2021
          Arising Out of PS. Case No.-98 Year-2019 Thana- KHIRI MORE District- Patna
     ======================================================

1. Prem Ranjan Kumar S/o Umakant Yadav

2. Chandra Bhusan Yadav S/o Bimal Yadav

3. Uma Kant Yadav S/o Laxman Yadav

4. Laxman Yadav S/o Late Navrang Yadav

5. Arvind Kumar @ Arvind Yadav S/o Laxman Yadav All are Resident of Village - Taranpur, P.S. and P.O. - Khiri More, District - Patna.

... ... Appellants Versus The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellants : Mr. Saket Anand, Advocate For the Respondent : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 26-05-2021

Heard Mr. Saket Anand, learned counsel for the

appellants and Mr. Binay Krishna, learned Special Public

Prosecutor appearing for the State.

2. The instant appeal under Section 14-A(2) of

the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short 'the Act') has been preferred by

the appellants challenging the order dated 16.01.2021 passed in

ABP No.114of 2021 by the learned Special Judge, SC/ST Act,

Patna whereby he has rejected their application for grant of pre-

arrest bail in connection with Khiri More P.S. Case No.98 of Patna High Court CR. APP (SJ) No.1928 of 2021 dt.26-05-2021

2019 corresponding to Spl. (SC/ST Act) Case No.577 of 2019

dated 02.12.2019 registered for the offences punishable under

Sections 147, 148, 149, 341, 323, 353, 332, 333, 307, 504, 506

of the Indian Penal Code and Section 3(1) (r) of the Act.

3. The prosecution case is based on the written

report of one Hariram Manjhi. He has stated in the written

report dated 02.12.2019 that on 30.11.2019, he had proceeded to

the village-Taranpur along with armed force to arrest the

accused Naveen Yadav in connection with Khiri More P.S. Case

No.35 of 2019 and to inquire into the matter relating to an

application filed by one Anil Pandey. As soon as he along with

the armed force reached at the house of Naveen Yadav, all the

named accused persons along with 40-50 unknown accused

persons started brick batting. They abused and assaulted him

taking his caste name. They also attempted to snatch their arms.

The matter was informed to the senior police officials, who

reached at the place of occurrence whereafter, the accused

persons fled away.

4. Learned counsel appearing for the appellants

submits that the appellants are innocent and they have

committed no offence. They have been implicated in the present

case with an oblique motive. He contended that a vague and Patna High Court CR. APP (SJ) No.1928 of 2021 dt.26-05-2021

omnibus allegation has been made against several named and

40-50 unknown accused persons. He pointed out that the falsity

of the case would be apparent from the fact that for an

occurrence dated 30th November, 2019, the information was

lodged by the informant in the police station on 2nd of

December, 2019. He contended that the informant has not even

disclosed the abusive word or the caste name taken by the

accused persons at the time of occurrence. He contended that

apparently the offence alleged under Section 3(1)(r) of the Act is

not attracted against the appellants.

5. Learned Special Public Prosecutor appearing

for the State has opposed the prayer made on behalf of the

appellants. He contended that the court below has rightly

rejected the application for grant of pre-arrest bail to the

appellants. He contended that the informant has explained the

reason for delay caused in submitting the written report. He has

stated that since he was busy in maintaining law and order

situation, the written report could not be submitted earlier.

6. Having heard the parties and perused the

materials on record, I find force in the submissions made on

behalf of the appellants. It is surprising that the informant being

a police officer has taken a plea for the delay of two days caused Patna High Court CR. APP (SJ) No.1928 of 2021 dt.26-05-2021

in submitting the written report as his pre-occupation in

maintaining law and order situation. In the written report,

nothing has been stated about any law and order problem

prevailing at the place of occurrence rather it has been stated

that after the police reinforcement came, the miscreants left the

place. It is also surprising that in spite of senior officers having

reached at the place of occurrence immediately, the FIR was

belatedly instituted. The explanation given for the delay caused

in instituting the first information report, prima facie, does not

appear to be bona fide. Moreover, the informant has neither

disclosed the abusive words nor the caste name uttered by the

accused persons at the time of occurrence. Prima facie, the

ingredients of the offence punishable under the Act are not

attracted.

7. Accordingly, the impugned order dated

16.01.2021 passed by the learned Special Judge, SC/ST Act,

Patna in connection with Khiri More P.S. Case No.98 of 2019 is

set aside.

8. 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) with two sureties of

the like amount each to the satisfaction of the learned Additional Patna High Court CR. APP (SJ) No.1928 of 2021 dt.26-05-2021

Sessions Judge-III-cum Special Judge, SC/ST Act, Patna in

connection with Khiri More P.S. Case No.98 of 2019

corresponding to Spl. (SC/ST Act) Case No.577 of 2019.

9. The appeal stands allowed.

10. Since the court proceedings are being

conducted through virtual mode and normal court functioning has

not been restored till date, it is considered appropriate to adopt the

following procedure for communication of the present order:-

(i) The order, which has been dictated during the course

of proceeding of the virtual court, shall be

communicated to me electronically by the Joint

Registrar-cum-Addl. PPS.

(ii) The corrected copy of the order shall be transmitted

by me to the Joint Registrar-cum-Addl. PPS

electronically, which shall be treated to be an

authentic copy of the order passed by this Court in

the present proceeding.

(iii) Hard copy of the order duly signed by me shall be

preserved in my residential office for documentation

and future use, if any.

(iv) Let steps be taken by the Joint Registrar-cum-Addl.

PPS/registry for up-loading of the present order Patna High Court CR. APP (SJ) No.1928 of 2021 dt.26-05-2021

without compromising with the norms of social

distancing.

(Ashwani Kumar Singh, J.) sanjeet/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.05.2021
Transmission Date       30.05.2021