Karu Singh vs The State Of Bihar
2022 Latest Caselaw 3182 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.4591 of 2021
   Arising Out of PS. Case No.-435 Year-2020 Thana- JAHANABAD District- Jehanabad
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Karu Singh, Son of Madhir Singh, Resident of Village- Kumhwan, P.S.- Jehanabad, District- Jehanabad.

... ... Appellant/s Versus The State of Bihar

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

For the Appellant/s : Mr.Dewendra Narayan Singh, Advocate For the State : Mr.Sanjay Kumar Singh, APP For the Informant : Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 23-06-2022

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 from the date of

resumption of physical filing and physical removal of defect.

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 31.07.2021 passed by the learned Additional District

and Sessions Judge-I, Jehanabad in connection with Spl. SC/ST

Case No.53 of 2021 arising out of Jehanabad (Kalpa) P.S. Case

No. 435 of 2020, registered under Sections 147, 148, 149, 341, Patna High Court CR. APP (SJ) No.4591 of 2021 dt.23-06-2022

323, 324, 326, 307, 504, 506 of the Indian Penal Code, Section

27 of the Arms Act.

Learned counsel for the appellant has submitted that

the dispute was over opening the Sluice Gate of Canal on the

land belonging to the appellant and his co-villagers by the

informant and his co-villagers. Some altercation took place

between both the sides. The informant does not belong to the

scheduled caste category and there was no intention to cause

death as the shot allegedly fired by the appellant, hit the

informant in his left leg and there was no repetition of firing.

Learned counsel for the appellant has further submitted that

initially the FIR was not registered for the offences punishable

under any provision of SC/ST (POA) Act, but subsequently,

during the course of investigation, the Sub-Divisional Police

Officer in his supervision report has pointed out that since the

injured Kapil Das and Malik Das are belonging to SC/ST

community, therefore, the provisions of SC/ST (POA) Act are

also attracted in relation with the present case. He has further

submitted that moreover the matter has been compromised

between the parties. The appellant is in custody since

10.06.2021.

Learned Special PP has opposed the prayer for bail, Patna High Court CR. APP (SJ) No.4591 of 2021 dt.23-06-2022

submitting that the appellant is named in the FIR, who opened

fire on the informant.

Learned counsel for the informant has submitted that

the matter has been compromised.

Having regard to the submissions made here-in-above

and considering the fact that the informant is not a person of

scheduled caste category and further considering the nature of

injury suffered by the informant along with the period of

custody, let the appellant, above named, be released on bail, on

furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with

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

learned Additional District and Sessions Judge-1st, Jehanabad in

connection with Spl.SC/ST Case No.53 of 2021 arising out of

Jehanabad (Kalpa) P.S. Case No. 435 of 2020 subject to the

following conditions:

(i) One of the bailors will be a close relative of

the appellant, preferably one of the parents.

(ii) The appellant will remain present on each

and every date fixed by the court below.

(iii) In case of absence for three consecutive

dates or in violation of the terms of the bail,

the bail bond of the appellant will be liable to Patna High Court CR. APP (SJ) No.4591 of 2021 dt.23-06-2022

be cancelled by the court concerned.

Accordingly, the impugned order is set aside and the

appeal is allowed.

(Arun Kumar Jha, J)

V.K.Pandey/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          24.06.2022
Transmission Date       24.06.2022