Harun Miyan vs The State Of Bihar
2022 Latest Caselaw 5444 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.2522 of 2022
           Arising Out of PS. Case No.-14 Year-2022 Thana- THAWE District- Gopalganj
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Harun Miyan S/O Late Hasnain Miyan Resident of village- Bari Eshar, P.S.- Hathua, District- Gopalganj.

... ... Appellant/s Versus

1. The State of Bihar

2. Chand Jyoti Devi W/O Bhukhal Musahar Resident of village- Math Gautam, P.S.- Thawe District- Gopalganj

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

For the Appellant/s : Mr.Mukesh Kumar Singh, Advocate For the Respondent/s : Mr.Sadanand Paswan, Spl.PP For the Informant : Mr.Dharamveer, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 22-12-2022

Heard learned counsel for the appellant, learned

counsel for the State and learned counsel for the informant.

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 by

order dated 17.05.2022 passed by learned Additional Sessions

Judge-III-cum-Special Judge (SC/ST), Gopalganj in connection

with Thawey P.S. Case No. 14 of 2022 registered for the alleged

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

Section 27 of the Arms Act and Sections 3 (i)(r)(s) and 3 (2)(va) Patna High Court CR. APP (SJ) No.2522 of 2022 dt.22-12-2022

of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act.

As per prosecution case, the elder brother of the

husband of the informant won the election of mukhiya and

allegation against the FIR named co-accused persons is that

they had been giving threat to the brother-in-law of the

informant that they would kill him and would not allow him to

take oath of mukhiya. The informant has further alleged that the

FIR named six co-accused persons assaulted her brother-in-law

and gave him knife blow and when he tried to escape, he was

fired upon by co-accused Ajay Singh and he died on the spot.

The name of the appellant transpired during investigation as

one of the accused persons also involved in the murder of the

brother-in-law of the informant.

Learned counsel for the appellant submits that the

appellant is not named in the FIR and has been falsely

implicated in this case without any substantive material against

him. The appellant has been named in this case after he was

arrested in Thawey P.S. Case No. 39 of 2022. Though, the petitioner

has been made accused on the basis of confessional statement

of co-accused, but even in the confessional statement of co-

accused, nothing has come up against the appellant showing Patna High Court CR. APP (SJ) No.2522 of 2022 dt.22-12-2022

involvement in the occurrence of the death of the brother-in-law

of the informant. The appellant is in custody since 25.04.2022

and charge-sheet has been submitted.

Learned counsel appearing on behalf of the informant

as well as learned Special PP oppose the submission made on

behalf of the appellant. Learned counsel for the informant

submits that it has come up during investigation that the

assailants of the brother-in-law of the informant took shelter in

the house of this appellant after killing him.

Having regard to the facts and circumstances and

considering the submission made on behalf of the parties and

considering the lack of substantive material against the

appellant to show his involvement in the alleged offence and

further considering the period of custody of the appellant along

with submission of charge sheet against him, 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), Gopalganj in

connection with Thawey P.S. Case No. 14 of 2022, subject to

the conditions mentioned in Section 437(3) of the Cr.P.C. and

the following conditions:

Patna High Court CR. APP (SJ) No.2522 of 2022 dt.22-12-2022

(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 is allowed.

(Arun Kumar Jha, J) himanshu/-

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