Hridayanand Chaudhary @ ... vs The State Of Bihar
2022 Latest Caselaw 5429 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CRIMINAL APPEAL (SJ) No.3168 of 2022
      Arising Out of PS. Case No.-93 Year-2022 Thana- DHANAHA District- West Champaran
     ======================================================

Hridayanand Chaudhary @ Hridayanand Mullah Son of Sri Bhola Chaudhary @ Bhola Mallah Resident of Village - Samsherwa, P.S.- Dhanaha, District - West Champaran.

... ... Appellant/s Versus

1. The State of Bihar

2. Vanshraj Gond Son of Late Tekman Gond Resident of Village - Dahwa, P.S.-

Dhanaha, District - West Champaran.

... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 3240 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== Krishanmohan Chaudhary S/o Sri Haridwar Chaudhary Resident of Village- Dahwa, P.S.- Dhanaha, District- West Champaran.

... ... Appellant/s Versus

1. The State of Bihar

2. Vanshraj Gond S/o Late Tekman Gond Resident of Village- Dahwa, P.S.-

Dhanaha, District- West Champaran.

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

(In CRIMINAL APPEAL (SJ) No. 3168 of 2022) For the Appellant/s : Mr. Umesh Chandra Verma, Advocate For the State : Mrs.Usha Kumari 1, Spl. P.P. For the Informant : Mr. Murari Sharan Tiwari, Advocate (In CRIMINAL APPEAL (SJ) No. 3240 of 2022) For the Appellant/s : Mr. Umesh Chandra Verma, Advocate For the State : Mr. Binay Krishna, Spl. P.P. For the Informant : Mr. Murari Sharan Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 22-12-2022 Heard learned counsel for the appellants and learned APP

for the State.

Let the defect (s), as pointed out by the office, be Patna High Court CR. APP (SJ) No.3168 of 2022 dt.22-12-2022

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

22.08.2022 passed by the learned 1st Additional Sessions Judge-cum-

the Special Judge, under the S.C and S.T. (PoA) Act, West

Champaran at Bettiah in connection with Dhanaha P.S. Case No. 93

of 2022 registered for the alleged offences under Sections 147, 149,

341, 323, 302 and 120-B of the Indian Penal Code and Sections 3(1)

(r) (s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

As per prosecution case, appellant Krishanmohan

Chaudhary and other co-accused persons in the background of

some land dispute assaulted the son of the informant and co-

accused Haridwar Chaudhary gave a bamboo blow on the head

of the son of the informant who became unconscious. The son

of the informant died during his treatment. The informant, his

son and his wife also received injuries. The informant has

further alleged that petitioner Hridayanand Chaudhary was also

involved in the alleged occurrence.

Learned counsel for the appellants submits that the

appellants are innocent and have been falsely implicated in this

case. The specific allegation of assault on the head of the son of Patna High Court CR. APP (SJ) No.3168 of 2022 dt.22-12-2022

the informant is against co-accused Haridwar Chaudhary. This

allegation is corroborated by the post mortem report which also

shows single lacerated wound on the head of the deceased

which resulted in his death. Learned counsel further submits

that allegation against the appellant is general and omnibus

with other co-accused persons and injury reports of the other

victims have been brought on record which shows simple

injuries and are merely abrasion and swellings caused by hard

and blunt objects. Learned counsel further submits that the

name of the appellant Hridayanand Chaudhary has been added

at the end of the F.I.R. without any material against him. There

is no allegation that the appellants even took caste name of the

informant side. Charge sheet has been submitted in this case

and the appellants are in custody since 22.04.2022 and

24.04.2022.

Learned APP for the State as well as learned counsel

appearing on behalf of the informant/respondent no. 2

vehemently oppose the prayer for bail of the appellants.

Learned counsel for the informant submits that the appellants

assaulted the informant and his family members and son of the

informant lost his life in this assault. Learned counsel further

submits that appellants are threatening the informant side and Patna High Court CR. APP (SJ) No.3168 of 2022 dt.22-12-2022

they do not deserve to be enlarged on bail.

Having regard to the facts and circumstances and

submission made on behalf of the parties and considering the

fact that there is no specific allegation against the appellants for

any serious overt act and further considering the submission of

charge sheet along with period of custody of the appellants, 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 1 st

Addittional Sessions Judge-cum-the Special Judge, under SC/ST

Act, West Champaran in connection with Dhanaha P.S. Case No. 93

of 2022, 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.

Patna High Court CR. APP (SJ) No.3168 of 2022 dt.22-12-2022

Accordingly, the impugned orders are

set aside and the appeals are allowed.

(Arun Kumar Jha, J) daya/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.12.2022
Transmission Date       23.12.2022