Rajkumar Sah vs The State Of Bihar
2022 Latest Caselaw 4236 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL APPEAL (SJ) No.900 of 2022
     Arising Out of PS. Case No.-551 Year-2021 Thana- CHANPATIA District- West Champaran
     ======================================================

Rajkumar Sah, S/o Late Shiv Sahu @ Late Shivjee Sahu Resident of Station Road Chanpatiya, Ward No. 10, P.S.- Chanpatiya, District- West Champaran

... ... Appellant/s Versus

1. The State of Bihar

2. Pushpanjali Kumari, D/o Late Chavishankar Ram, Resident of Station Road Chanpatiya, P.S.- Chanpatiya, District- West Champaran

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

     For the Appellant/s         :   Mr.Bimlesh Kumar Pandey, Advocate
     For the State           :       Mr.Binay Krishna, Spl.PP
     For the Informant      :        Mr.Shiv Kumar Dwivedy, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 04-08-2022

Heard learned counsel for the appellant and learned

Spl.PP for the State.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from the date of

resumption of physical filing and physical removal of defect.

This is an appeal under Section 14(A)(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the refusal of prayer for bail by

order dated 04.02.2022 passed by the learned Additional District

and Sessions Judge-1st-cum-Special Judge, SC/ST, Bettiah,

West Champaran in connection with Chanpatiya P.S. Case No.

551 of 2021, registered for the alleged offences under Sections Patna High Court CR. APP (SJ) No.900 of 2022 dt.04-08-2022

147, 148, 149 and 302 of the Indian Penal Code and Sections 3

(i), (r), (s), 3(ii), (v-a) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act.

As per the prosecution case, the father of the

informant was assaulted by the appellant and other co-accused

persons, who died subsequently.

The learned counsel for the appellant submits that the

appellant is innocent and the person who allegedly gave

information to the informant's cousin about the appellant and

other co-accused persons assaulting the father of the informant,

in his statement recorded during investigation did not name this

appellant as the assailant. Rather he named only two persons

who assaulted the father of the informant. Though it has come

during investigation that the deceased took away the mobile

phone of the appellant and the co-accused assaulted him for

compelling him to return the mobile phone, it could be due to

sympathy or compassion for the appellant who is a handicapped

person. There could be no application of any provisions of the

SC/ST (POA), Act against this appellant since offence under

Section 302 of the IPC is not attracted against him. The learned

counsel further submits that the FIR also shows earlier dispute

between the sides and false implication cannot be ruled out. The Patna High Court CR. APP (SJ) No.900 of 2022 dt.04-08-2022

learned counsel also submits that even the post-mortem report

shows only two injuries on the person of the deceased and it

also falsifies the allegation of assault by five persons. Charge-

sheet has been submitted in this case and the appellant is in

custody since 11.11.2021.

Learned counsel appearing on behalf of the

respondent no.2 as well as the learned Spl.PP opposes the prayer

for bail submitting that this appellant instigated other co-

accused persons, who assaulted the father of the informant and

caused his death. Learned counsel for the respondents further

submits that it transpired during investigation that the appellant

was in the habit of gambling and lost his mobile phone to the

deceased and later on for getting back his mobile phone, at his

instigation, the occurrence took place.

Perused the records.

Having regard to the submissions made hereinabove

and considering the fact that nothing has come on record to

show that this appellant assaulted the deceased and caused his

death, which allegation is specific against other co-accused

persons and further considering the submission of charge-sheet

along with the period of his custody, the appellant above named

is directed to be released on bail on furnishing bail bond of Rs. Patna High Court CR. APP (SJ) No.900 of 2022 dt.04-08-2022

20,000/- (twenty thousand) with two sureties of the like amount

each to the satisfaction of learned Additional District and

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

Wast Champaran in connection with Chanpatiya P.S. Case No.

551 of 2021, subject to the conditions mentioned in Section

437(3) of the Code of Criminal Procedure and also the

following conditions :

(i) One of the bailors will be a close relative of

the appellant, preferably one of the parents.

(ii) The appellant will remain present on each

and every date fixed by the court below.

(iii) In case of absence on three consecutive

dates or in violation of the terms of the bail,

the bail bond of the appellant will be liable to

be cancelled by the court concerned.

Accordingly, the impugned order is set aside and the

appeal is allowed.

(Arun Kumar Jha, J)

balmukund/-

AFR/NAFR               NAFR
CAV DATE               NA
Uploading Date         05.08.2022
Transmission Date      05.08.2022