Patna High Court
Vikash Kumar Rai@Vikash Kumar@Vikash ... vs The State Of Bihar on 1 March, 2024
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4970 of 2023
Arising Out of PS. Case No.-120 Year-2021 Thana- TEGHRHA District- Begusarai
======================================================
Vikash Kumar Rai @ Vikash Kumar @ Vikash Kumar S/O Balram Rai @
Balram Singh, Resident of Village- Gaura 01, (Goura) Ward No. 13,
Bishanpur Tola, P.S. Teghra District - Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Pappu Paswan S/O Late Tuntun Paswan Resident of Village- Gaura-1, Ward
No. 7, P.S. Teghra, District - Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sandip Kumar Gautam, Advocate
For the Respondent/s : Mr.Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 01-03-2024
Heard learned counsel for the appellant and learned
Spl.PP for the State.
2. This is the 2nd attempt of the appellant to seek bail
from this Court as his prayer for bail was earlier rejected vide
judgment dated 08.09.2022 passed in Criminal Appeal (SJ) No.
1485 of 2022.
3. 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 15.09.2023 passed by learned Exclusive Special
Judge of SC/ST (POA) Act, Begusarai in connection with
Patna High Court CR. APP (SJ) No.4970 of 2023 dt.01-03-2024
Teghra P.S. Case No. 120 of 2021, registered on 13.04.2021, for
the alleged offences under Sections 341, 323, 302, 385, 504,
506/34 of the Indian Penal Code and Sections 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act.
4. As per the prosecution case, the appellant and other
co-accused persons shot dead the father of the informant. The
occurrence took place in the background of demand of extortion
money.
5. The learned counsel for the appellant submits that
the appellant is in custody since 11.02.2022 and till date out of 6
witnesses, 4 have been examined but none of them have
supported the prosecution case. These witnesses are three sons
of the deceased including the informant. Learned counsel
further submits that the informant has specifically deposed that
there was no role of this appellant in the case. Apart from family
members, a co-villager was also examined. He has also not
supported the prosecution case. Learned counsel further submits
that there has been case and counter case between the parties
and the informant side put the house of the appellant on fire in
the background of earlier dispute. After examination of the
witnesses including the informant and sons of deceased, nothing
remains in the matter.
Patna High Court CR. APP (SJ) No.4970 of 2023 dt.01-03-2024
6.Learned Spl.PP opposes the submission made on behalf
of the appellant. Learned Spl. P.P. submits that the case is still
pending at the stage of evidence of the prosecution witnesses.
7. Perused the records.
8.Having regard to the facts and circumstances of the
case and submissions made on behalf of the parties and
considering the fact that the informant and other sons of the
deceased in their deposition have not supported the prosecution
case which creates serious doubt over the involvement of the
appellant, the appellant above named is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge of SC/ST (POA) Act,
Begusarai in connection with Teghra P.S. Case No. 120 of 2021,
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, 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 on three
Patna High Court CR. APP (SJ) No.4970 of 2023 dt.01-03-2024
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.
9. Accordingly, the impugned order is set aside and
the appeal is allowed.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.03.2024
Transmission Date 01.03.2024
