Pappu Das @ Pappu Ravidas @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1535 of 2019 Arising Out of PS. Case No.-225 Year-2015 Thana- LAXMIPUR District- Jamui ====================================================== Pappu Das @ Pappu Ravidas @ Pappu Kumar, aged about 18 years, male, Son of Shankar Ravidas, Resident of Seva, P.S.- Gidhaur, Distt. - Jamui. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Umesh Prasad For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 24-04-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 30.03.2019 passed by learned Additional District and Sessions Judge-I, Jamui in G.R. No. 2060 of 2015, Laxmipur (Gidhaur) P.S. Case No. 225 of 2015 registered under Section 302/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Son of the informant is said to have been kidnapped by Pintu Yadav along with three unknown

Patna High Court CR. APP (SJ) No.1535 of 2019 dt.24-04-2019 2/3 miscreants. Preceding to the occurrence, Khiro Yadav and Chulhaya Paswan had extended threatening of dire consequence to her son.

It is submitted by learned counsel for the appellant that the appellant is not named in the F.I.R. He has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to animosity. There is nothing in the record indicating the complicity of the appellant in the occurrence barring the confessional statement of Gujari Devi @ Gunjary Devi recorded during the course of investigation. Said Gujari Devi @ Gunjary Devi has been enlarged on bail by a coordinate Bench of this Court vide order dated 30.08.2016 passed in Cr. Misc. No. 28624 of 2016. Appellant has been languishing in custody since 30.03.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-I, Jamui in connection with G.R. No. 2060 of 2015, Laxmipur (Gidhaur)

Patna High Court CR. APP (SJ) No.1535 of 2019 dt.24-04-2019 3/3 P.S. Case No. 225 of 2015.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 25.04.2019 Transmission Date 25.04.2019