Patna High Court
Manas Mohan Jha vs The State Of Bihar on 5 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2831 of 2021
Arising Out of PS. Case No.-98 Year-2021 Thana- DALSINGHSARAI District- Samastipur
======================================================
1. Manas Mohan Jha, aged about 56 years, Gender-Male, S/o Late
Rameshwar Jha, R/o village- Loknathpur Ganj, P.S.- Dalsingsarai, District-
Samastipur
2. Nilesh Nayan, aged about 27 years, Gender-Male, S/o Manas Mohan Jha
R/o village- Loknathpur Ganj, P.S.- Dalsingsarai, District- Samastipur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Yogesh Chandra Verma, Senior Advocate with
Mr. Dilip Kumar Roy, Advocate
For the State : Mr. Sadanand Paswan, Special PP
For the Informant : Mr. Saket Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 05-10-2021
Heard Mr. Yogesh Chandra Verma, learned senior
counsel along with Mr. Dilip Kumar Roy, learned counsel for
the appellants; Mr. Sadanand Paswan, learned Special Public
Prosecutor (Special PP) for the State and Mr. Saket Gupta,
learned counsel for the informant.
2. Pursuant to order dated 4th October, 2021, as had
been desired by learned counsel for the parties, the appellants as
well as the informant are present before the Court.
3. The present appeal is directed against the order
dated 15.06.2021 passed by the learned 1st Additional Sessions
Judge-sum-Special Judge SC/ST, Samastipur in ABP No. 1117
Patna High Court CR. APP (SJ) No.2831 of 2021 dt.05-10-2021
of 2021 by which the prayer for anticipatory bail of the
appellants has been rejected.
4. The appellants apprehend arrest in connection with
Dalsingsarai PS Case No. 98 of 2021 dated 12.04.2021,
instituted under Sections 341/323/324/379/504/506/34 of the
Indian Penal Code and 3(1)(r)(s)/3(2)(va) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 (hereinafter referred to as the 'SC/ST Act').
5. The allegation against the appellants in the FIR filed
by the informant is that he was initially threatened by them in
his chamber and later, on the road side he was assaulted and
when his staff had come to his rescue, the appellants are said to
have threatened and abused him using caste name.
6. The Court had agreed to the proposal of learned
counsel for the parties that both are neighbours and it would be
in the interest of all concerned if they are able to compromise
the matter so that peace and tranquility is ensured at the ground
level. In terms thereof, the Court had allowed the parties to talk
to each other for some time and the case was again taken up.
7. On a query from the parties, especially the
informant, he submitted that he was satisfied by the discussion
he had with the appellants. The appellants also stated that they
Patna High Court CR. APP (SJ) No.2831 of 2021 dt.05-10-2021
have expressed their regrets for the incident and the parties do
not carry any ill feeling with regard to each other. On a specific
query of the Court as to whether the informant would be
agreeable to the stand he would be taking in the present matter,
the categorical response was that he would not be opposing the
prayer of the appellants.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
view of the grievance basically being of the informant against
the appellants and coming at the scene of employees of the
informant being incidental thereto, once the parties have arrived
at a settlement among themselves and also the informant taking
a categorical stand that he would not be opposing the prayer of
the appellants in the present appeal, the Court is inclined to
allow the prayer for pre-arrest bail.
9. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
appellants be released on bail upon furnishing bail bonds of Rs.
25,000/- (twenty five thousand) each with two sureties of the
like amount each to the satisfaction of the learned 1st Additional
Sessions Judge-sum-Special Judge SC/ST Act, Samastipur in
Dalsinghsarai PS Case No. 98 of 2021, subject to the conditions
Patna High Court CR. APP (SJ) No.2831 of 2021 dt.05-10-2021
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 and further (i) that one of the bailors shall be a close
relative of the appellants, (ii) that the appellants and the bailors
shall execute bond and give undertaking with regard to good
behaviour of the appellants, and (iii) that the appellants shall
cooperate with the Court and the police/prosecution. Any
violation of the terms and conditions of the bonds or the
undertaking or non-cooperation shall lead to cancellation of
their bail bonds.
10. It shall also be open for the prosecution to bring any
violation of the foregoing conditions by the appellants, to the
notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
appellants.
11. Accordingly, the appeal stands allowed. The order
dated 15.06.2021 passed by the learned 1st Additional Sessions
Judge-sum-Special Judge SC/ST Act, Samastipur in ABP No.
1117 of 2021 is set aside.
12. The Court would note that the appellants, who
have also undertaken before the Court that they would also not
press the case and withdraw the case which they have filed
against the informant, being Dalsinghsarai PS Case No. 103 of
Patna High Court CR. APP (SJ) No.2831 of 2021 dt.05-10-2021
2020 dated 15.04.2021, would live up to their commitment.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
