Gopal Malakar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.792 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -HARIZAN District- BEGUSARAI ===========================================================

1. Gopal Malakar Son of Ram Balak Malakar

2. Ram Balak Malakar Son of Late Chhatthu Malakar Both are resident of village - Basahi, Police Station Cheriya Bariyarpur, District - Begusarai .... .... Appellant

Versus

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

For the Appellant/s : Mr. Ashish Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-10-2016 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

2.

This appeal under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 09.08.2016 passed by the learned Special Judge, SC/ST, Begusarai, whereby the bail application of the appellant in connection with Harizan SC/ST P. S. Case No. 30 of 2015 registered under Sections 341, 323, 447, 354, 385, 504 and 506/34 of the Indian Penal Code and Section 3(1)(x)(xi) of the Scheduled Castes and Scheduled

Patna High Court CR. APP (SJ) No.792 of 2016 dt.04-10-2016 2/3 Tribes (Prevention of Atrocities) Act, 1989 has been rejected. 3.

It is contended that the appellants have been the victims of malicious prosecution. Though the alleged occurrence is said to have taken place on 25.09.2015, the case was registered after two days on 27.09.2016 and there is no explanation for undue delay caused in institution of the FIR, especially when the police station is situated at a short distance from the place of occurrence. It is further contended that the appellants are co-villagers of the informant and a dispute had taken place between children of two families over a petty issue and the case was registered after due deliberation in order to teach the parents of the children a lesson. It is also contended that the appellants have no criminal antecedent and are in custody since 31.07.2016.

4.

On the other hand, learned Special Public Prosecutor for the State has opposed the application for grant of bail to the appellants. He has submitted that there is neither any illegality nor irregularity in the impugned order passed by the learned Sessions Judge.

5.

Regard being had to the facts of the case in totality of the circumstances, the impugned order dated 09.08.2016 passed by the learned Special Judge, SC/ST, Begusarai in connection with Harizan SC/ST P. S. Case No. 30 of 2015 is set

Patna High Court CR. APP (SJ) No.792 of 2016 dt.04-10-2016 3/3 aside. The appellants above-named are directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST, Begusarai in connection with Harizan SC/ST P. S. Case No. 30 of 2015. 6.

The appeal stands allowed.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE ...

Uploading Date 06.10.2016 Transmission Date 06.10.2016