Umesh Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.241 of 2020 Arising Out of PS. Case No.-251 Year-2018 Thana- BARHARA KOTHI District- Purnia ====================================================== Umesh Mehta S/o Ganeshi Mehta Resident of Rajganj, P.S.- Bihariganj, District- Madhepura ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Dr. Bidhu Ranjan For the Respondent/s :
Mr. Ramchandra Sahni, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-06-2020 Heard Dr. Bidhu Ranjan, learned counsel appearing for the appellant as well as Mr. Ramchandra Sahni, learned Special Public Prosecutor for the State through video conferencing.
This criminal appeal has been preferred under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989 against the order dated 18.12.2019 passed by the learned 1st Additional Sessions Judge - cum - Special Judge, SC/ST Act, Purnea in S.C. & S.T. Case No. 118/2019 (arising out of Barhara P.S. Case No. 251 of 2018) by which and whereunder the learned Special Judge refused to enlarge the appellant on bail. The appellant is named in the first information report with allegation that he along with others made indiscriminate firing on account of land dispute, as a result whereof one Rudha
Patna High Court CR. APP (SJ) No.241 of 2020(4) dt.05-06-2020 2/3 Devi sustained firearm injury and, subsequently, she died in course of her treatment.
The case diary is available. The perusal of case diary goes to show that only one firearm injury was found on the person of the deceased. Furthermore, paragraph 58 of the case diary goes to show that the statement of one Kaso Devi, who happens to be the maternal grandmother of deceased, was recorded and she claimed that firing from two sides were going on and in that firing Rudha Devi sustained injury. Furthermore, this witness very, specifically, stated that there was land dispute between accused persons including appellant as well as prosecution party including informant and on account of taking possession of the land, both parties made firing on each other.
Learned counsel of the appellant submits that, no doubt, the appellant is named in the first information report but no specific overt act has been attributed against him and only general allegation of firing has been levelled against him. Although, learned Spl. P.P.
Patna High Court CR. APP (SJ) No.241 of 2020(4) dt.05-06-2020 3/3 appeal does have merit.
Accordingly, this criminal appeal is allowed and, the impugned order dated 18.12.2019 passed by the learned 1st Additional Sessions Judge - cum - Special Judge, SC/ST Act, Purnea, in S.C. & S.T. Case No. 118/2019 (arising out of Barhara P.S. Case No. 251 of 2018) is, hereby, set aside. The above named appellant 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 1st Additional Sessions Judge - cum - Special Judge, SC/ST Act, Purnea, in connection with S.C. & S.T. Case No. 118/2019 (arising out of Barhara P.S. Case No. 251 of 2018). (Hemant Kumar Srivastava, J) Spd/- U T