Rajan Ram @ Shajan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2078 of 2024 Arising Out of PS. Case No.-231 Year-2019 Thana- BANIAPUR District- Saran ====================================================== Rajan Ram @ Shajan Ram Son of Mahesh Ram Resident of Village- Pithauri Nandlal Tola , P.S.- Baniyapur, District- Saran. ... ... Appellant/s

Versus

1.

The State of Bihar Patna 2.

Md. Ajad Son of Abdul Rashid Resident of Village- Paigambarpur , P.S.- Baniyapur, District- Saran.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mrs. Mili Kumari For the Respondent/s :

Mr. Sadanand Paswan Mr. Shashwat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2024 Heard learned counsels for the parties.

2.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of bail vide order dated 04.04.2024 passed by learned 1stAdditional Sessions Judge cum Special Judge (SC/ST Act), Saran at Chapra in connection with Baniyapur P.S. Case No.231 of 2019, registered under Sections 147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal Code and Section 3(i) (s) of the SC/ST Act.

3.

The allegation against the appellant is that he and other

Patna High Court CR. APP (SJ) No.2078 of 2024(3) dt.23-08-2024 2/3 co-accused persons abused and brutally assaulted the brother of informant and two others due to which all three of them died on spot.

4.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. Appellant is not named in the FIR, he has been made accused during the course of investigation. There is no allegation against the appellant to tamper the evidence. There is no specific overt act against the appellant. He further submitted that similarly situated coaccused person has been granted bail by a co-ordinate Bench of this Court in Cr. APP (SJ) No.4459 of 2021 vide order dated 10.03.2022. Appellant is in judicial custody since 14.03.2024. Appellant has no criminal antecedent as mentioned in para-3 of this memo of appeal.

5.

Learned Spl. PP for the State as well as respondent no.2 opposed the prayer for bail.

6.

In the facts and circumstances of the case as well as considering the period of custody, let the above named appellant be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of

Patna High Court CR. APP (SJ) No.2078 of 2024(3) dt.23-08-2024 3/3 the like amount each to the satisfaction of the learned 1stAdditional Sessions Judge cum Special Judge (SC/ST Act), Saran at Chapra in connection with Baniyapur P.S. Case No.231 of 2019.

7.

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

(Anjani Kumar Sharan, J) shikha/- U T