Nande Paswan @ Jitendra Kumar vs The State Of Bihar
2021 Latest Caselaw 2127 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.1932 of 2021
          Arising Out of PS. Case No.-283 Year-2019 Thana- CHANDI District- Nalanda
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1. Nande Paswan @ Jitendra Kumar, Son of Shiv Balak Paswan,

2. Ram Balak Paswan, Son of Bhagirath Paswan, Both R/O Village- Rupaspur, P.S.- Chandi, Dist.- Nalanda ... ... Appellants Versus The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellants : Mr. Pramod Kumar Sinha, Advocate For the Respondent : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 27-05-2021

Heard Mr. Pramod Kumar Sinha, learned counsel

for the appellants and Mr. Sadanand Paswan, learned Special

Public Prosecutor appearing for the State.

2. The appellants have preferred the present

appeal under Section 14-A (2) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short

'the Act') challenging the order dated 30.01.2021 passed in ABP

No.211 of 2021 by the learned Special Judge, SC/ST Act,

Biharsharif, Nalanda whereby he has rejected their prayer for

grant of pre-arrest bail.

3. Mr. Pramod Kumar Sinha, learned counsel

appearing for the appellants submitted that on the basis of the

allegations made in the first information report, no offence Patna High Court CR. APP (SJ) No.1932 of 2021 dt.27-05-2021

under the Act is attracted against the appellants. He contended

that since the appellants themselves belong to the scheduled

caste category, they cannot be prosecuted for the offences under

the Act. He further contended that the appellants are

apprehending their arrest in view of the fact that differing with

the police report, the learned Special Judge has taken

cognizance of the offences against them also in spite of the fact

that on completion of investigation the police had found the

allegations to be false as against the appellants.

4. On the other hand, learned Special Public

Prosecutor appearing for the State submitted that even though

the appellants may not be prosecuted for the offences under the

Act, they can very well be prosecuted for the offences

punishable under the Indian Penal Code. He contended that in

view of the materials collected by the police during

investigation, the court below has rightly differed with the

police report and taken cognizance of the offences against the

appellants also.

5. I have heard learned counsel for the parties

and carefully perused the record.

6. The first information report is based on the

written report of one Rahul Kumar submitted to the Officer-in- Patna High Court CR. APP (SJ) No.1932 of 2021 dt.27-05-2021

charge, Chandi Police Station on 3rd of August, 2019 wherein he

has stated that on 03.08.2019 at about 07:00 am, when he

reached his house, he heard hulla that his father has been

intercepted by Manoj Yadav, Gorakh Paswan, Ram Balak

Paswan and Nand Paswan near the orchard of one Kashi Yadav

and they are abusing and assaulting him. He has stated that

Manoj Yadav and Gorakh Paswan fired from their respective

pistols, which hit his father as a result of which, he fell down.

The motive attributed for the occurrence is land dispute.

7. On the basis of the aforesaid information

given to the police, Chandi P.S. Case No.283 of 2019 dated

03.08.2019 was registered for the offences punishable under

Sections 341, 323, 307, 504 read with 34 of the Indian Penal

Code, Section 27 of the Arms Act and Section 3(1)(r) of the Act.

8. On completion of investigation, the police

submitted their report vide charge-sheet No.246/2019 dated 16 th

of October, 2019. The police sent up only Gorakh Paswan for

trial for the aforesaid offences and found the appellants

innocent.

9. However, differing with the police report, the

learned Special Judge, SC/ST Act, Biharsharif, Nalanda vide

order dated 11th of December, 2019 took cognizance of the Patna High Court CR. APP (SJ) No.1932 of 2021 dt.27-05-2021

offences against the appellants for the offences punishable under

Sections 341, 323, 307, 504 read with 34 of the Indian Penal

Code and section 27 of the Arms Act.

10. Apparently, in the first information report, no

allegation of any overt act has been made against the appellants.

As seen above, even during investigation, the investigating

officer found the appellants innocent. The order by which

cognizance has been taken against the appellants for the

offences punishable under the penal code and Arms Act does not

show the material on which the learned court below has relied

upon for differing with the police report. It has rightly been

submitted on behalf of the appellants that since they themselves

belong to the Scheduled Caste category, they cannot be

prosecuted for the offence under the Act.

11. Under such circumstances, in the opinion of

this Court, a case for grant of pre-arrest bail is made out.

12. Accordingly, the impugned order dated

30.01.2021 passed by the learned Special Judge, SC/ST Act,

Biharsharif, Nalanda in ABP No. 211 of 2021 is set aside.

13. 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 Patna High Court CR. APP (SJ) No.1932 of 2021 dt.27-05-2021

the like amount each to the satisfaction of the learned Additional

Sessions Judge-1st-cum Special Judge, SC/ST Act, Biharsharif at

Nalanda in connection with Chandi P.S. Case No.283 of 2019.

14. The appeal stands allowed.

15. 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

judgment:-

(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. Patna High Court CR. APP (SJ) No.1932 of 2021 dt.27-05-2021

PPS/registry for up-loading of the present order

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