Ravindra Chaudhary vs The State Of Bihar
2022 Latest Caselaw 5251 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.2440 of 2022
        Arising Out of PS. Case No.-99 Year-2021 Thana- NAUGACHIA District- Bhagalpur
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Ravindra Chaudhary, Son of Asarfi Choudhary, Resident of Naya Tola, Ward No.-23, P.S.- Naugachia, District- Bhagalpur

... ... Appellant/s Versus

1. The State of Bihar

2. Pawan Paswan, Son of Triveni Paswan, R/O Village- Naya Tola, P.S.-

Naugachiya, District- Bhagalpur

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

For the Appellant/s : Mr.Prithvi Nath Mishra, Advocate For the Respondent/s : Mr.Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 15-12-2022

The informant was directed to be intimated about the

proceeding taking place in this court through Superintendent of

Police, Bhagalpur, and learned Special Public Prosecutor

submits that the informant has been intimated about the

proceeding taking place in this court.

Heard learned counsel for the appellant and learned

A.P.P. 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 Patna High Court CR. APP (SJ) No.2440 of 2022 dt.15-12-2022

order dated 24.11.2021 passed by the learned Additional

Sessions Judge-III-cum-Special Judge (SC/ST Act), Bhagalpur

in connection with Naugachia P.S. Case No. 99 of 2021, Special

SC/ST Case No. 27 of 2021 registered for the alleged offences

under Sections 341, 323, 307, 506 and 34 of the Indian Penal

Code and Sections 3(i) (r) (s) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

As per prosecution case, the appellant along with

other co-accused persons called out the informant and this

appellant hit him on his head with an iron rod while the

co-accused was holding the hands of the informant. All three

brutally assaulted the informant and they also hurled casteist

abuses against him.

Learned counsel for the appellant submits that the

appellant is innocent and has been falsely implicated in this

case. There is no eye witness to the occurrence and no one has

come forward to support the facts of the case as mentioned in

the F.I.R. From the F.I.R. it is apparent that informant has not

disclosed any reason for the occurrence and it is absurd to think

that any person would assault another person without any

reason. The informant received injury on her head in some other

manner and falsely implicated the appellant in this case. It is Patna High Court CR. APP (SJ) No.2440 of 2022 dt.15-12-2022

also clear from the F.I.R. that co-accused was holding a country

made gun and if it were the intention of the appellant to kill the

informant he could have easily shot him. Learned counsel

further submits that the injury report is simple in nature.

Allegation of hurling abuses is not against any specific person

and it is a general and omnibus allegation. Charge sheet has

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

18.09.2021.

Learned Special Public Prosecutor for the State

opposes the submission made on behalf of the appellant.

However, he concedes that injuries are simple in nature.

Having regard to the facts and circumstances and

submission made on behalf of the parties and considering

submission of charge sheet along with period of custody of the

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 Additional Sessions Judge-III-cum-

Special Judge SC/ST Act, Bhagalpur in connection with

Naugachia P.S. Case No. 99 of 2021, Special SC/ST Case No.

27 of 2021, subject to the conditions mentioned in Section

437(3) of the Code of Criminal Procedure and also the Patna High Court CR. APP (SJ) No.2440 of 2022 dt.15-12-2022

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.

Accordingly, the impugned order is set aside and

the appeal stands allowed.

                                                    (Arun Kumar Jha, J)
Gautam/daya
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.12.2022
Transmission Date       19.12.2022