Pramod Ram @ Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2389 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- GAURICHAK District- Patna ====================================================== PRAMOD RAM @ PRAMOD KUMAR Son of Charitar Ram @ Chalitar Ram Resident of Village - Gopal Tola (Gopalganj), P.S.- Gaurichak, District - Patna.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Rajeev Kumar, Adv.
Mr.Sudhir Kumar, Adv.
For the Respondent/s :
Mrs.Usha Kumari, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2021 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State through virtual mode. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 01.02.2021 passed by learned Special Judge, SC/ST, Patna in Special Case No.155 of 2020 arising out of Gauri Chak P.S. Case No.83 of 2020 registered under sections 147, 148, 149, 109, 448, 341, 323, 302, 201 and 504 IPC and sections 3(2)(v) of the SC/ST Act.
The prosecution case in short is that the appellant and other accused persons came to house of the informant, started
Patna High Court CR. APP (SJ) No.2389 of 2021(2) dt.24-06-2021 2/3 abusing them and said that your father in spite of warning continued fishing. It is further alleged that later on the accused persons variously armed, entered in his house and started searching the father of the informant. Then they assaulted the mother and father of the informant and took his father with them. It is alleged that thereafter the dead body of his father was found in Jalala Khanda below a tree.
It is submitted by learned counsel for the appellant that the appellant is quite innocent and has not committed any offence. He has been falsely implicated in the present case due to dirty village politics. No such occurrence has taken place and the allegations are concocted. The deceased was a veteran criminal and accused in several cases. In one case, two coaccused are witnesses and hence this appellant is made accused along with them. There is no eye-witness to the occurrence and no specific allegation against the appellant. The co-accused Awadhesh Mahto @ Jeek Mahto has been granted bail by a coordinate bench of this court vide Cr. Appeal (SJ) No.2140 of 2020 dated 05.01.2021. Other co-accused namely Mohan Mahto, Karu Mahto @Kari Mahto and Deobrat Mahto @ Dev Brat Mahto have been granted anticipatory bail vide Cr.Appeal (SJ) No.119 of 2021 dated 02.03.2021 by a co-ordinate Bench
Patna High Court CR. APP (SJ) No.2389 of 2021(2) dt.24-06-2021 3/3 of this court. Further, the accusation does not constitute any offence under SC/ST Act inasmuch as there is no allegation that the alleged occurrence has taken place in public. The appellant has been languishing in custody since 16.12.2020 and has no criminal antecedent.
Learned Spl. PP for the State vehemently opposed the prayer for bail and submitted that the appellant is involved in the alleged offence as he is the order giver. Considering the aforesaid facts and circumstances, 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 Special Judge, SC/ST, Patna in connection with Gauri Chak P.S. Case No.83 of 2020.
Impugned order dated 01.02.2021 is set aside and appeal is allowed.
(Anjani Kumar Sharan, J) pallavi/- U T