Jai Ram Mahto @ Rohit Raj vs The State Of Bihar
2022 Latest Caselaw 5259 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.3744 of 2022
          Arising Out of PS. Case No.-467 Year-2019 Thana- MALSALAMI District- Patna
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1. Jai Ram Mahto @ Rohit Raj S/o Jagdish Mahto, R/o mohalla- Banglapar, P.S.- Malsalami, District- Patna

2. Ram Narayan Mahto S/o Jagdish Mahto, R/o mohalla- Banglapar, P.S.-

Malsalami, District- Patna

3. Rohit Kumar S/o Ajay Choudhary, R/o mohalla- Banglapar, P.S.- Malsalami, District- Patna

4. Mohit Kumar S/o Ajay Choudhary, R/o mohalla- Banglapar, P.S.-

Malsalami, District- Patna

5. Raushan Kumar S/o Ganesh Yadav, R/o mohalla- Banglapar, P.S.-

Malsalami, District- Patna

6. Kaushal Kumar @ Kausla Kumar S/o Ganesh Yadav, R/o mohalla-

Banglapar, P.S.- Malsalami, District- Patna

7. Sonu Kumar S/o Ajay Choudhary, R/o Mohalla- Banglapar, P.S.- Malsalami, District- Patna

... ... Appellant/s Versus

1. The State Of Bihar

2. Amit Kumar S/o Raj Kishore Choudhary, R/o- Village & Mohalla- Nurudinganj and Khagto, P.S. Malsalami, District-Patna.

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

For the Appellant/s : Mr. Suraj Narain Yadav, Advocate Mr. Ranjit Kumar Yadav, Advocate Mr. Sweta Kumari, Advocate For the State : Mr. Binay Krishna, Spl. P.P. For the Informant : Mr. Masoom Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 15-12-2022

Heard learned counsel for the appellants, learned

counsel for the respondent No.2 as well as learned counsel for

the State.

Let the defect (s), if any, as pointed out by the office,

be removed within a period of four weeks. Patna High Court CR. APP (SJ) No.3744 of 2022 dt.15-12-2022

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 by

order dated 10.12.2021 passed by learned Special Judge,

SC/ST Act, Patna, in connection with Special Case No. 05 of

2022 in connection with Malsalami P.S. Case No. 467 of 2019

registered for the alleged offences under Sections 341, 323,

324, 307, 504, 506/34 of the Indian Penal Code and Section

3(1)(r)(s) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act.

As per the prosecution case, the appellants assaulted

the informant causing a number of injuries to him. The

occurrence took place due to some minor altercation.

Learned counsel for the appellants submits that the

appellants are innocent and have been falsely implicated in this

case. The occurrence took place in course of an altercation and

there was no intention for causing the injuries. The injuries

have been found to be simple in nature. The matter has been

compromised between the parties and the copy of the

compromise petition has been filed before the learned Special

Judge. The appellants are in custody since 10.10.2022 and

charge-sheet has been submitted in this case. The appellants Patna High Court CR. APP (SJ) No.3744 of 2022 dt.15-12-2022

have got no criminal history.

Learned counsel for the informant/respondent No. 2

admits the factum of compromise.

Having regard to the facts and circumstances and

submissions made on behalf of the parties and considering the

nature of injuries which appears to be simple and further

considering the clean antecedent of the appellants and their

period of custody along with submission of charge-sheet, the

appellants above named are directed to be released on bail on

furnishing bail bond of Rs. 20,000/- (twenty thousand) each

with two sureties of the like amount each to the satisfaction of

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

Malsalami P.S. Case No. 467 of 2020, subject to the conditions

mentioned in Section 437(3) of the Cr.P.C. and 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. Patna High Court CR. APP (SJ) No.3744 of 2022 dt.15-12-2022

Accordingly, the impugned order is set aside and the

appeal is allowed.

(Arun Kumar Jha, J) Ashish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.12.2022
Transmission Date       16.12.2022