Manik Chand Mahto vs The State Of Bihar
2022 Latest Caselaw 4552 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL APPEAL (SJ) No.4832 of 2021
         Arising Out of PS. Case No.-83 Year-2020 Thana- GAURICHAK District- Patna
     ======================================================

Ramji Ram, Son of Late Lakhi Ram, Resident of Village - Gopal Tola (Gopalganj), P.S.- Gaurichak, District - Patna.

... ... Appellant/s Versus

1. The State of Bihar

2. Indal Kumar, son of late Rohan Paswan, resident of village- Gopal Tola, P.S.- Gaurichak

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 4946 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- GAURICHAK District- Patna ====================================================== Manik Chand Mahto S/O Vishundeo Mahto, R/o village- Gopal Tola (Gopalganj), P.S.- Gaurichak, District- Patna

... ... Appellant/s Versus

1. The State of Bihar

2. Indal Kumar, son of Late Rohan Paswan, resident of village- Gopal Tola, P.S.- Gaurichak, District- Patna

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 213 of 2022 Arising Out of PS. Case No.-83 Year-2020 Thana- GAURICHAK District- Patna ====================================================== Sudu Ram @ Suddu Ram, Son of Shiv Kumar Ram @ Shiv Kumar, Resident of Village - Gopal Tola (Gopalganj), P.S.- Gaurichak, Distt.- Patna.

... ... Appellant/s Versus

1. The State of Bihar

2. Indal Kumar, son of late Rohan Paswan, resident of village- Gopal Tola, P.S.- Gaurichak, District- Patna

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

(In CRIMINAL APPEAL (SJ) No. 4832 of 2021) For the Appellant/s : Mr.Rajeev Kumar, Advocate Patna High Court CR. APP (SJ) No.4832 of 2021 dt.18-08-2022

For the Respondent/s : Mr.Usha Kumari 1, Spl.PP (In CRIMINAL APPEAL (SJ) No. 4946 of 2021) For the Appellant/s : Mr.Rajeev Kumar, Advocate For the Respondent/s : Mr.Sadanand Paswan, Spl.PP (In CRIMINAL APPEAL (SJ) No. 213 of 2022) For the Appellant/s : Mr.Rajeev Kumar, Advocate For the Respondent/s : Mr.Binay Krishna, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 18-08-2022

Since all these appeals arise out of Special Case No.

155 of 2020 arising out of Gauri Chak P.S. Case No. 83 of 2020,

as such, they have been heard together and are being disposed of

by this common judgment.

Heard learned counsel for the appellants and learned

Spl.PP for the State.

In these cases, notices have been issued to the

respondent no.2 but the respondent no.2 refused to receive the

notice and the same was tagged on the main gate of his

residence.

The notice is deemed to have been validly served on

the respondent no.2.

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 Patna High Court CR. APP (SJ) No.4832 of 2021 dt.18-08-2022

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

order dated 24.11.2021 passed by the learned Special Judge,

SC/ST, Patna, in connection with Special Case No. 155 of 2020

arising out of Gauri Chak P.S. Case No. 83 of 2020, registered

for the alleged offences under Sections 147, 148, 149, 109, 448,

341, 323, 302, 201 and 504 of the Indian Penal Code and

Sections 3 (2) (v) of the Scheduled Castes and Scheduled Tribes

Act.

As per the prosecution case, the father of the

informant was forbidden by appellant Manik Chand Mahto for

fishing in Dardha River and the appellants along with other co-

accused persons came to the house of the informant and taking

his caste name abused him and assaulted the informant and his

mother. They forcibly took away the father of the informant and

later on his dead body was found.

The learned counsel for the appellants submits that the

appellants have been falsely implicated in this case. No

occurrence as alleged has ever been taken place and the

allegations are completely concocted. There is no eye-witness to

the alleged occurrence. Similarly situated co-accused Mohan

Mahto and Devbrat Mahto have been granted anticipatory bail

by a Co-ordinate Bench of this Court vide order dated Patna High Court CR. APP (SJ) No.4832 of 2021 dt.18-08-2022

02.03.2021 passed in Cr. Appeal (SJ) No. 119 of 2021 and co-

accused Awadhesh Mahto has also been granted regular bail by

another Co-ordinate Bench of this Court vide order dated

05.01.2021 passed in Cr. Appeal(SJ) No. 2140 of 2020.

Appellant Ramji Ram and Sudu Ram are in custody since

25.09.2021 and appellant Manik Chand Mahto is in custody

since 09.09.2021 and are having clean antecedent. The charge

sheet has already been submitted in this case.

Learned Spl. PP opposes the submission made on

behalf of the appellants submitting that there is specific

allegation against the appellants in the FIR that they took away

the father of the informant and later on his dead body was

found.

Having regard to the submissions made hereinabove

and considering the fact that there is no eye-witness to the

occurrence and further considering the fact about grant of

anticipatory bail/regular bail to a number of co-accused persons

as already referred hereinabove and also considering the

submission of charge sheet and the period of their custody, the

appellants 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 Patna High Court CR. APP (SJ) No.4832 of 2021 dt.18-08-2022

Special Judge, SC/ST Act, Patna in connection with Special

Case No. 155 of 2020 arising out of Gauri Chak P.S. Case No.

83 of 2020, 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 appellants.

(ii) The appellants 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 appellants 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                N.A.F.R
CAV DATE                N.A
Uploading Date          22.08.2022
Transmission Date       22.08.2022