Vinit Kumar @ Golu @Vindi vs The State Of Bihar
2022 Latest Caselaw 4247 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.961 of 2022
       Arising Out of PS. Case No.-1068 Year-2021 Thana- ARA NAWADA District- Bhojpur
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Vinit Kumar @ Golu @VINDI Son Of Vijay Shankar Prasad Resident Of Village- New Shital Tola, Ward No. 38, P.S.- Ara (NAWADA), District- Bhojpur At Ara (BIHAR)

... ... Appellant/s Versus

1. The State of Bihar

2. Dinesh Paswan Son Of Late Raj Kumar Paswan Resident Of Mohallah- Sri Tola, Ward No. 36, P.S.- Ara Nawada, District- Bhojpur At Ara (BIHAR)

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

For the Appellant/s : Mr.Uday Kumar, Advocate For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 04-08-2022

Heard learned counsel for the appellant and learned

APP 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 Caste and Scheduled Tribes (Prevention of

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

order dated 26.02.2022 passed by the learned Ist Additional

Sessions Judge, Bhojpur, Ara, in connection with Ara, Nawada

P.S. Case No. 1068 of 2021 registered for the alleged offences Patna High Court CR. APP (SJ) No.961 of 2022 dt.04-08-2022

under Sections 302 and 34 of the Indian Penal Code and

Sections 3(2) (v) of the SC/ST (Prevention of Atrocities) Act.

As per prosecution case, the nephew of the informant

was murdered and informant has named the petitioner and co-

accused Sandeep Kumar along with some unknown persons

who killed his nephew.

Learned counsel for the appellant submits that the

appellant is innocent and has been falsely implicated in this

case. The informant is not an eye witness to the alleged

occurrence. So it is clear that merely on suspicion, the appellant

has been named in this case. The appellant is said to be present

with co-accused when the co-accused called the deceased on his

phone. The FIR has been registered after preparation of inquest

report which indicates that the FIR is the result of after-thought

and deliberation. Moreover, none of the witnesses during

investigation has stated about appellant being seen in the

company of the deceased and co-accused person. Nothing

incriminating has been recovered at the instance of this

appellant. Charge sheet has been submitted in this case and the

appellant is in custody since 26.11.2021.

Learned counsel appearing on behalf of the informant

as well as learned APP for the State opposes the submission Patna High Court CR. APP (SJ) No.961 of 2022 dt.04-08-2022

made on behalf of the appellant and it has been further

submitted by the learned counsel appearing on behalf of the

informant that in the FIR and in the statement of the witnesses,

this appellant has been named as one of the assailants who

caused the death of the nephew of the informant.

Perused the records.

Having regard to the submission made on behalf of

the parties and further considering the absence of any cogent

material to connect this appellant with the alleged crime and

further considering submission of charge sheet as well as period

of custody of this appellant, the appellant above named is

directed to be released on bail on furnishing bail bond of Rs.

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

each to the satisfaction of learned Ist Additional Sessions Judge,

Bhojpur, Ara in connection with Ara, Nawada P.S. Case No.

1068 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.

(ii) The appellant will remain present on

each and every date fixed by the court Patna High Court CR. APP (SJ) No.961 of 2022 dt.04-08-2022

below.

(iii) In case of absence for 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.

The impugned order is set aside and the appeal stands

allowed in terms of the aforesaid order.

(Arun Kumar Jha, J) Gautam/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.08.2022
Transmission Date       09.08.2022