Mendar Singh @ Vijay Singh vs The State Of Bihar
2022 Latest Caselaw 4941 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.2445 of 2022
          Arising Out of PS. Case No.-136 Year-2016 Thana- BASANTPUR District- Siwan
     ======================================================

Mendar Singh @ Vijay Singh, Son of Late Lallan Singh, Resident of village- Bithuna, P.S- Basantpur, District- Siwan

... ... Appellant/s Versus

1. The State of Bihar

2. Rajawti Devi W/o Late Sheojalam Manjhi @ Saraj Manjhi R/V- Bithuna, P.S- Basantpur, Dist- Siwan

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

For the Appellant/s : Mr. Sanjiv Kumar Singh, Advocate Mr.Ashok Kumar, Advocate For the Respondent/s : Mr.Sadanand Paswan, S.P.P. For the Informant : Mr. Bijay Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 08-12-2022

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.

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 vide order dated 05.07.2022

passed by the learned 1st Additional Session Judge-cum-Special

Judge, Siwan in connection with Special Case No. 131 of 2018

arising out of Basantpur P.S. Case No. 136 of 2016 registered for the

alleged offences under Sections 302 and 34 of the Indian Penal Code

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

Tribes Act. (Prevention of Atrocities) Act, 1989. Patna High Court CR. APP (SJ) No.2445 of 2022 dt.08-12-2022

As per prosecution case, husband of the informant was shot

dead in a temple and the informant named the appellant and other co-

accused persons who committed the murder of her husband in the

background of some earlier dispute.

Learned counsel for the appellant submits that the appellant

is innocent and has been falsely implicated in this case. After

investigation police submitted a closure report showing the

acquisition to be untrue. However, learned Special Court took

cognizance against this appellant differing from the final form

submitted by the police. Learned counsel further submits that on the

date of occurrence the appellant was not even present at the place of

occurrence, the appellant was attending the tilak ceremony of his

sister at a place which was 25 K.M. away from the place of

occurrence. Learned counsel further submits that due to previous

enmity and grudge this appellant was named in this case as the

appellant's family had earlier filed applications before the S.P. and

the D.M. and other authorities on different dates for removal of

encroachment by the informant and others in the 'Mathiya' land and

for this reason, the informant has lodged this false case against the

appellant and others. Earlier also the informant had filed a complaint

case vide Complaint Case No. 1082 of 2014 against the appellant's

family and the same was registered as SC/ST Siwan P.S. Case No. 64

of 2014 and after investigation, the police found the case

false and recommended to proceed under Patna High Court CR. APP (SJ) No.2445 of 2022 dt.08-12-2022

Sections 182 and 211 of the Indian Penal Code against the informant

of the present case. The appellant used to live in Delhi for his

livelihood and he had come to attend the wedding ceremony of his

sister and has been falsely implicated in this case. Charge sheet has

been submitted in this case and the appellant is in custody since

10.06.2022. The appellant has got clean antecedent.

Learned counsel appearing on behalf of the informant

opposes the submission made on behalf of the appellant. Learned

counsel for the informant/respondent no. 2 submits that the informant

has named this appellant in the written report given for lodging of the

F.I.R. and the appellant and other co-accused persons were the last

persons who were present at the Mathia when the death of the

husband of the informant took place.

Perused the records.

Having regard to the facts and circumstances and submission

made on behalf of the parties and further considering the fact that the

allegation against the appellant is on suspicion of the informant and

there is possibility of false implication and further considering the

submission of charge sheet against him and his clean antecedent, 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 1 st

Additional Sessions Judge-cum-Special Judge, Siwan in connection

with Special Case No. 131 of 2018 arising out of Patna High Court CR. APP (SJ) No.2445 of 2022 dt.08-12-2022

Basantpur P.S. Case No. 136 of 2016, 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.

(iv) The bail bond of the appellant will be

accepted subject to verification of the

claim that he is having no criminal

antecedent.

Accordingly, the impugned order is set aside and the appeal stands allowed.

(Arun Kumar Jha, J) daya/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.12.2022
Transmission Date       08.12.2022