Ram Dayal Bharti vs The State Of Bihar
2021 Latest Caselaw 4846 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No 3474 of 2021
       Arising Out of PS. Case No.-75 Year-2017 Thana- KUSHESHWARASTHAN District-
                                           Darbhanga
     ======================================================

1. RAM DAYAL BHARTI S/o JOGINDAR SAH @ YOGENDRA SAH R/o VILLAGE-BARKI KAUNIYA, P.S-KUSHESHWAR ASTHAN, DISTRICT-DARBHANGA.

2. SANJAY MUKHIYA S/o LALAN MUKHIYA R/o VILLAGE-BARKI KAUNIYA, P.S-KUSHESHWAR ASTHAN, DISTRICT-DARBHANGA.

3. BATUKESHWAR MUKHIYA S/o RAM MUKHIYA R/o VILLAGE-

BARKI KAUNIYA, P.S-KUSHESHWAR ASTHAN, DISTRICT- DARBHANGA.

... ... Appellant/s Versus THE STATE OF BIHAR

... ... Respondent/s ====================================================== Appearance :

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

ORAL JUDGMENT

Date : 04-10-2021

Heard learned counsel for the appellants as well as the

learned Special Public Prosecutor (for brevity, Special PP)

appearing for the State of Bihar.

2 The appellants have preferred the present Appeal

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

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

refusal of their prayer for regular bail vide order dated 05.06.2021

passed by Additional Sessions Judge I -cum- Special Judge, Patna High Court CR. APP (SJ) No.3474 of 2021 dt.04-10-2021

Darbhanga in a case registered under Sections 147, 148, 149, 341,

342, 354, 307, 504, 506 of Indian Penal Code and Sections 3 (i) (r)

(s) of SC/ST Act in connection with Kusheshwar Asthan

(Tilkeshwar OP) Police Station (for brevity, PS) Case No 75 of

2017 dated 22.04.2017 corresponding to SC/ST GR No 44 of

2017.

3 The informant has alleged that eight accused persons,

including these appellants, surrounded her house, hurled caste

based abuses and have, thereafter, confined the informant and her

family members.

4 Learned counsel for the appellants submits that

specific allegation has been made against co-accused Rakesh

Mukhiya and Mukesh Mukhiya. The Court of learned Additional

Sessions Judge I -cum- Special Judge has granted bail to the said

accused persons under order dated 21.01.2021. Since the

appellants had surrendered after non-bailable warrant was issued,

the Court considered it appropriate to grant provisional bail to the

appellants. On 06.03.2021, provisional bail was granted to

Appellants No 1 and 2, and on 15.03.2021, provisional bail was

granted to Appellant No 3. Provisional bail was granted to all the

three appellants up till 21.03.2021. A day's delay has occurred in

surrendering to the Court after lapse of the provisional bail granted Patna High Court CR. APP (SJ) No.3474 of 2021 dt.04-10-2021

to the appellants. Under such circumstances, they have been taken

in custody and are in jail since 22.03.2021. It is further submitted

that other similarly situated co-accused are already on bail and

even Rakesh Mukhiya and Mukesh Mukhiya, against whom there

are specific allegations, are on bail. They are having no criminal

antecedents and it is a case of false implication. There is case and

counter case arising out of the same transaction which forms the

basis of appellants' implication.

5 Learned Special PP has opposed the prayer for bail.

He has submitted that the appellants have not honoured the

provisional bail granted to them.

6 In my opinion, in view of nature of accusation in the

First Information Report, and submission of parties, a case for

grant of regular bail is made out. The impugned order dated

05.06.2021 requires interference by this Court, which is,

accordingly, set aside.

7 This appeal is allowed. The impugned order dated

05.06.2021 passed by Additional Sessions Judge I -cum- Special

Judge, Darbhanga in connection with SC/ST GR No 44 of 2017

arising out of Kusheshwar Asthan (Tilkeshwar OP) PS Case No 75

of 2017 dated 22.04.2017 is set aside.

Patna High Court CR. APP (SJ) No.3474 of 2021 dt.04-10-2021

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 -cum- Special Judge,

Darbhanga in connection with SC/ST GR No 44 of 2017 arising

out of Kusheshwar Asthan (Tilkeshwar OP) PS Case No 75 of

2017 dated 22.04.2017 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          06.10.2021
Transmission Date       06.10.2021