Karan Kumar Bansfor @ Karan Kumar vs The State Of Bihar
2022 Latest Caselaw 4423 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL APPEAL (SJ) No.481 of 2022
 Arising Out of PS. Case No.-416 Year-2021 Thana- KATIHAR NAGAR District- Katihar
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KARAN KUMAR BANSFOR @ KARAN KUMAR Son of Shiv Shankar Bansfor @ Shishankar Paswan Resident of Mohalla- Driver Tola, P.S.- Katihar, Town, District- Katihar.

... ... Appellant/s Versus The State of Bihar Bihar

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

For the Appellant/s    :        Mr.Bimal Kumar
For the State          :        Mr.Usha Kumari 1(Spl. PP)
For the Informant      :        Mr. Dharmendra Paswan,

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 11-08-2022

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

20.12.2021 passed by the learned A.D.J. Ist Cum-Special Judge,

Katihar in connection with Katihar Town P.S. Case No. 416 of

2021 registered for the alleged offences under Sections 302, 120(B)/

34 of the Indian Penal Code and Section 27 of the Arms Act and

Sections 3(2) (v) of the Scheduled Cast and Scheduled Tribes Act Patna High Court CR. APP (SJ) No.481 of 2022 dt.11-08-2022

and Sections 25(i-b)a, 26, 27 and 35 of the Arms Act.

As per prosecution case, FIR named co-accused persons

assaulted the brother of the informant, who later on died.

Subsequently, the name of the appellant came up as also being

involved in the alleged occurrence.

Learned counsel for the appellant submits that there will

no application of provisions of SC/ST (Prevention of Atrocities) Act

as this appellant himself belongs to category of Scheduled Caste.

Learned counsel further submits that the appellant was not named in

the FIR and there is no material against him to show his involvement

in the alleged occurrence. Even at the time of recording the

restatement, the informant did not name this appellant. Later on,

even when the elder brother of the informant recorded his statement,

he did not name this appellant for being involved in the case.

However, it appears that the appellant and some of the other co-

accused were forcibly taken by the informant and other to the police

station where statement of co-accused Karn Kumar Singh was

recorded as confessional statement. The co-accused persons Karn

Kumar Singh, Niraj Anand Paswan and Ankit Chauhan have been

granted bail by Coordinate Benches of this court. Learned counsel

further submits that the appellant has been made accused in this case

only at the instance of the informant and his followers under threat

and the confessional statement was forcibly recorded and otherwise

there was no material to connect to the appellant to the Patna High Court CR. APP (SJ) No.481 of 2022 dt.11-08-2022

alleged occurrence. The appellant has got no criminal antecedent and

he is in custody since 02.08.2021.

Learned counsel appearing on behalf of the informant as

well as learned APP for the State oppose the submission made on

behalf of the appellant. Learned counsel for the informant submits

that the trial has progressed in this case and altogether 11 witnesses

have been examined in this case and two more witness are yet to be

examined. The witnesses are eye witness and they have supported the

prosecution case. Learned counsel further submits that against grant

of bail to some of the co-accused persons, informant has moved

before the Supreme court wherein notice has been issued. Learned

counsel further submits that next date fixed in the case before

Supreme Court is 15.09.2022.

Perused the records.

Having regard to the facts and circumstances of the case

and the submission made hereinabvoe and considering the fact that

the appellant was not named in the FIR and nothing material has

come up on record to show the connection of the appellant with the

alleged occurrence and further considering the fact the liberty of a

persons is precious and cannot be allowed to be curtailed in a casual

manner, the impugned order is set aside and 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 A.D.J. Ist-Cum- Special Judge, Patna High Court CR. APP (SJ) No.481 of 2022 dt.11-08-2022

Katihar in connection with Katihar Town P.S. Case No. 416 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

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.

The appeal stands allowed in terms of the aforesaid order.

(Arun Kumar Jha, J) Gautam/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.08.2022
Transmission Date       16.08.2022