Mantu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2103 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- KONCH District- Gaya ====================================================== MANTU PASWAN S/o Late Ram Vilash Paswan R/o village- Manabigha, P.S.- Konch, District- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Baby Devi W/o Late Mritunjay Das R/o village- Konch Dih, P.S.- Konch, District- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shivendra Prasad For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Learned counsel for the appellant undertakes to remove the defects within four weeks.

Though notice has been validly served upon the respondent no.2 but nobody appears on her behalf. 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 anticipatory bail vide order dated 29.04.2022 passed by learned Court of Exclusive Special Judge SC/ST, Gaya in connection with Konch

Patna High Court CR. APP (SJ) No.2103 of 2022(3) dt.04-01-2023 2/3 P.S. Case No.286 of 2021, registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Ams Act.

The prosecution case, in brief, is that the husband of the informant had gone out from her house following a telephone call. It is alleged that the next day the motorcycle of her husband and his dead body was found in a field. The allegation against the appellant is that he has killed the husband of the informant in conspiracy with the accused persons. 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. He has been falsely implicated in the case. He has been made accused in the present case merely on the basis of suspicion. The informant is not an eye witness of the death of her husband. He further submits that no evidence has been collected by the police which could indicate that the appellant was involved in the alleged offence and this fact is also not denied by the learned Spl PP for the State. Appellant has two criminal antecedent as mentioned in para-3 of this memo of appeal.

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

Patna High Court CR. APP (SJ) No.2103 of 2022(3) dt.04-01-2023 3/3 In the facts and circumstances of the case, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court of Exclusive Special Judge SC/ST, Gaya in connection with Konch P.S. Case No.286 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and this appeal is allowed.

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