Gopal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.267 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== GOPAL DAS S/o Late Daroga Das R/o village- Harpur, Hardas, Ward No. 08, P.O.- Pipra Khem, P.S.- Kalyanpur, District- East Champaran ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sumit Kumar Jha, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

It is submitted by learned counsel for the appellant that the present case has been filed by the Presiding Officer, represented by the State.

Considering the same, no notice is required to be issued upon the informant.

Learned counsel for the appellant undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against

Patna High Court CR. APP (SJ) No.267 of 2022(2) dt.19-05-2022 2/3 the refusal of prayer for bail vide order dated 05.01.2022 passed by learned Additional & Sessions Judge -IIIrd- cum- Special Judge (SC/ST Act), East Champaran, Motihari, in connection with Kalyanpur P.S. Case No.287/2021, registered under sections 147, 148, 149, 341, 323, 325, 353, 354, 504, 506, 509, 307, 427, 379, 188, 440, 332, 171F of the IPC, section 27 of the Arms Act, section 3 of D.P. Act, 131, 134B, 135, 135A of the R.P. Act and sections 3(i)(r)(s) of the SC/ST Act. Allegedly, the appellant and several other accused persons attacked on the polling booth and assaulted the police personnel brutally. They damaged the EVM and started firing. It is submitted by learned counsel for the appellant that no such occurrence in the manner as alleged ever took place.

Appellant has been falsely implicated in the case due to highhandedness of the police. The allegation levelled against the appellant is not specific rather general and omnibus in nature. There is no allegation against the appellant to abuse the informant by taking caste name, as such, no offence under SC/ST is made out against him. The appellant has been languishing in custody since 04.11.2021 and has no criminal antecedent.

Patna High Court CR. APP (SJ) No.267 of 2022(2) dt.19-05-2022 3/3 by this Court vide order dated 22.03.2022 passed in Cr. Appeal (SJ) No.218 of 2022.

Learned Spl. PP for the State opposed the prayer for bail. In the facts and circumstance of the case, since the main assailant has been granted bail, the above named appellant is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional & Sessions Judge -IIIrd- cum- Special Judge (SC/ST Act), East Champaran, Motihari, in connection with Kalyanpur P.S. Case No.287/2021.

The impugned order is accordingly set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) pallavi/- U T