Nawneet Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.339 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== Nawneet Das son of Mohan Das, Resident of Village-Harpur, Hardev, Police Station- Kalyanpur, District- East Champaran. ... ... Appellant/s

Versus

1. The State of Bihar.

2. Faiz Ahmad Faiz, son of Md. Manjural Haque, Resident of VillageBahlolpur, P. S. Dhaka, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Madhurendra Kumar, Advocate.

For the Respondent/s :

Mr. Sadanand Paswan, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-06-2022 Learned counsel for the Appellant is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard Mr. Madhurendra Kumar, learned counsel for the Appellant as well as learned Special Public Prosecutor for the State.

This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for bail vide order dated 05.01.2022

2/4 passed by the learned 3rd Additional Sessions Judge-cum-Special Judge, SC/ST Act, East Champaran at Motihari in connection with Kalyanpur P. S. Case No. 287 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 353, 354, 504, 506, 509, 307, 427, 379, 188, 440, 332 and 171 F of the Indian Penal Code, Section 27 of the Arms Act, Section 3 of the D.P. Act, Section 131, 134 (b), 135, 135(A) of the Representation of the People Act and Sections 3(1) (r) (s) of the SC/ST (Prevention of Atrocities) Act.

As per the prosecution case, it is alleged that the appellant along with several other accused persons attacked on the polling booth and assaulted the Police personnel brutally. It is also alleged that they damaged the E.V.M. and resorted firing. Learned counsel appearing on behalf of the Appellant submitted that that there is general and omnibus nature of allegation against all the accused persons including the appellant and only because of the fact that the appellant is supporting the other party, his name has been implicated in this case. It is further submitted that there is no allegation against the appellant that he abused the respondent no. 2 by taking his cast name and as such, no offence under SC/ST made out against him. It is also submitted that, in fact, the appellant belongs to

3/4 the schedule caste and therefore, no case under SC/ST (Prevention of Atrocities) Act would be made out against him. It is further submitted that the appellant is in custody since 04.11.2021 and so far the main accused, namely, Priyanka Sinha is concerned, she has already been granted bail by learned coordinate Bench of this Hon'ble Court vide order dated 22.03.2022 passed in Cr. Appeal (SJ) no. 218 of 2022. On the other hand, learned Special Public Prosecutor for the State opposes the appeal and submits that the appellant is named in the F.I.R.

Having considered the submissions made on behalf of the parties and taking into account the fact that there is general and omnibus nature of allegation against the appellant in as much as the main accused against whom there was specific allegation, she has already been granted bail by learned coordinate Bench of this Hon'ble Court and the appellant is in custody since 04.11.2021, let the appellant, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-cumSpecial Judge, SC/ST Act, East Champaran at Motihari in connection with Kalyanpur P. S. Case No. 287 of 2021.

4/4 In view of the aforesaid facts and circumstances, the impugned order dated 05.01.2022 is hereby set aside and the present appeal is allowed.

(Harish Kumar, J) shakir/- U