Mukesh Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.819 of 2022 Arising Out of PS. Case No.-361 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== Mukesh Patel Son of Dhruv Patel @ Dhrup Patel Resident of Village - Pakari, Police Station - Ramnagar, District - West Champaran. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Nagendra Sharma Son of Late Hari Sharma Resident of Village - Pakari, Police Station - Ramnagar, District - West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Basist Narayan Singh For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-07-2022 Heard learned counsel for the appellant but no one appears on behalf of the State.
At the very outset, learned counsel for the appellant submits that as the appellant belongs to a member of scheduled Castes community and as such no notice is required to go as per the mandate provided under section 15 (a)(3) of the SC/ST Prevention of Atrocities act.
The present 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) preferred against the order dated 09.02.2022 passed by the learned Additional Sessions Judge -III, Bettiah, West
Patna High Court CR. APP (SJ) No.819 of 2022(2) dt.07-07-2022 2/3 Champaran cum Special Judge SC/ST Act in connection with Ramnagar P.S.Case No. 361 of 2020, instituted for the offence under Sections 341,323,504,506,379/34 of the Indian Penal Code and section 3(i)(x) of SC/ST Act whereby prayer for bail of the appellant has been rejected.
As per the prosecution case, it is alleged that on 07.10.2020 altogether nine accused persons including this appellant surrounded the informant and started abusing by taking his caste name. It is alleged that the appellant was armed with an iron rod and in course of occurrence, he is handed over to accused Pramod Thakur, who assaulted the informant over his head. The learned counsel for the appellant submits that there is no overt act against the appellant, except he has handed over the iron rod to Pramod Thakur and there is nothing against him. It is next submitted that since the appellant also belongs to Scheduled Castes Community and as such there is no application of SC/ST Act. It is next submitted that this appellant is in custody since 07.01.2022, though investigation of the crime is already concluded and the charge sheet has been submitted. It is also submitted that there is land dispute between the parties, which resultant into a free fight.
Considering the submission made on behalf of the
Patna High Court CR. APP (SJ) No.819 of 2022(2) dt.07-07-2022 3/3 appellant and taking into consideration the nature of accusation , apart from the fact the appellant is in custody sicne 07.01.2022, let the above named appellant, be enlarge on bail on furnishing bail bond of Rs. 20,000/- ( Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge1st Special Judge SC/ST Bettiah, West Champaran in connection with Ramnagar P.S.Case No. 361 of 2020.
Accordingly, the impugned order dated 09.02.2022 is set aside and the appeal is hereby, allowed. (Harish Kumar, J.) N.K/- U