Rohit Singh @ Golu @ Rohit Kuamr ... vs The State Of Bihar
2023 Latest Caselaw 2093 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.3428 of 2022
       Arising Out of PS. Case No.-256 Year-2022 Thana- MADANPUR District- Aurangabad
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Rohit Singh @ Golu @ Rohit Kuamr Singh, Son of Baidyanath Singh @ Baiju Singh, R/O Village- Guneri, P.S.- Gurua, Distt.- Gaya ... ... Appellant/s Versus

1. The State of Bihar

2. Sharda Devi, Wife of Late Ashok Paswan @ Pappu Paswan, R/O Village-

Khiriyavan, Thakur Tola, P.S.- Madanpur, Distt.- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Surendra Kumar Mishra, Advocate For the Respondent/s : Mrs.Usha Kumari 1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 03-05-2023

Vide order dated 12.04.2023, the informant/

respondent no.2 was ordered to be intimated through the

Superintendent of Police of the concerned district about the

proceeding taking place in this Court and learned Spl.P.P was

directed to do the needful in this regard. On the last date of

hearing, learned Spl.P.P. submitted that though the informant

was intimated through the Superintendent of Police of the

concerned district but probably due to short adjournment, the

informant could not appear. Today, there is no representation on

behalf of the informant/respondent no.2. Hence, the matter has

been put up for hearing.

Heard learned counsel for the appellant and learned

Spl.PP for the State.

Patna High Court CR. APP (SJ) No.3428 of 2022 dt.03-05-2023

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 05.09.2022 passed by the learned 1st Additional

Sessions Judge, Aurangabad in connection with Madanpur P.S.

Case No. 256 of 2022, registered for the alleged offences under

Sections 272, 273, 304 and 120(B) of the Indian Penal Code and

Sections 3 (1)(a) and 3 (2) (v) of the Scheduled Castes and

Scheduled Tribes (POA) Act.

As per prosecution case, allegation against the

petitioner and other co-accused persons is that they used to

prepare spurious liquor and further used to supply it to the

villagers and neighbouring people. The husband of the

informant died after consuming such spurious liquor. A number

of persons had also fallen seriously ill after consuming such

spurious liquor.

The learned counsel for the appellant submits that the

appellant is innocent and has been falsely implicated in this case

as the informant herself is hearsay witness. Only on the basis of

vague allegation, the appellant has been made accused in this

case. Otherwise there is no cogent or legal evidence against the

appellant which can connect him to the alleged offence. A Patna High Court CR. APP (SJ) No.3428 of 2022 dt.03-05-2023

number of FIR named co-accused persons have been granted

bail by different Coordinate Benches of this Court vide orders

dated 20.04.2023, 07.04.2023, 19.01.2023, 23.03.2023,

09.02.2023 and 23.03.2023 passed in Cr. Appeal (SJ)Nos. 3780

of 2022, 3291 of 2022, 3224 of 2022, 3937 of 2022, 4224 of

2022 and 3202 of 2022, respectively. The appellant is in custody

since 22.08.2022 and the charge sheet in this case has been

submitted. The learned counsel further submits that though the

appellant is having criminal antecedent of similar nature, he is

enjoying the privilege of bail in all these cases.

Learned Spl.PP opposes the prayer for bail submitting

that the appellant is a member of gang involved in

manufacturing and selling of spurious liquor.

Having regard to the facts and circumstances and

submissions made on behalf of the parties and considering the

lack of substantive material against this appellant to connect

him with the offence as alleged 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 1st Additional Sessions Judge, Patna High Court CR. APP (SJ) No.3428 of 2022 dt.03-05-2023

Aurangabad in connection with Madanpur P.S. Case No. 256 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.

Accordingly, the impugned order is set aside and the

appeal is allowed.

(Arun Kumar Jha, J) V.K.Pandey/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.05.2023
Transmission Date       04.05.2023