Manish Kumar Jaisawal @ Niraj Jaisawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2045 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Manish Kumar Jaisawal @ Niraj Jaisawal Son of Chhedi Jaisawal Resident of Village- Kirkala, P.S.- Sonhan, District- Kaimur at Bhabua. 2.

Thaga Jaisawal @ Thakur Jayspal @ Amrendra Kumar Jaisawal Son of Munna Jaisawal Resident of Village-Kirkala, P.S.-Sonhan, District-Kaimur at Bhabua.

3.

Vikki Kumar Jaisawal Son of Binda Jaisawal Resident of Village-Kirkala, P.S.-Sonhan, District-Kaimur at Bhabua.

4.

Pankaj Kumar Jaisawal Son of Binda Jaisawal Resident of Village-Kirkala, P.S.-Sonhan, District-Kaimur at Bhabua.

... ... Appellants.

Versus

1.

The State of Bihar.

2.

Usha Devi Wife of Vijay Chaudhari Resident of Village-Kir-kala, P.S.- Sonhan, District-Kaimur at Bhabua.

... ... Respondents.

====================================================== Appearance :

For the Appellant/s :

Mr. Tribhuwan Narayan For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2019 Heard learned counsel for the appellants, learned counsel for the informant and learned Spl. PP for the State. The aforesaid appeals have been filed by the appellants under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide orders dated 27.03.2019 and 16.04.2019 passed by learned 1st Addl. Sessions Judge-cumSpecial Judge, Kaimur at Bhabhua in Bhabua (Sonhan) P.S. Case No. 146 of 2019 registered under Sections 147, 148, 149,

Patna High Court CR. APP (SJ) No.2045 of 2019(3) dt.28-06-2019 2/3 307, 302 of the Indian Penal Code, Sections 25(1-b)A/26/27/35 of Arms Act and Section 3(i)(r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. On the exhortation of Chhedi Jaiswal and Binda Jaiswal, eighteen named accused persons are said to have resorted firing from the terrace by means of firearm resulting into death of Vijay Kharwar and inflicting injury to other persons while on the exhortation of the aforesaid two accused persons, Dev Kumar Jaiswal and Pintu Jaiswal resorted firing upon Munna Chaudhary from terrace resulting into his death. It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place.

Appellants have been falsely implicated in this case due to dirty village politics and animosity. Allegation levelled against the appellants is not specific rather general and omnibus in nature. Appellants are said to have resorted firing from the terrace, but doctor conducting autopsy of the cadaver of the deceased Vijay Kharwar and Munna Chaudhary has found multiple pellet size lacerated wound with tattooed inverted margin scatterd over the body on the persons of the deceased.

Patna High Court CR. APP (SJ) No.2045 of 2019(3) dt.28-06-2019 3/3 from the terrace. Appellants have no criminal antecedent and have been languishing in custody since 17.03.2019. Learned Spl. PP for the State opposing the prayer of bail submitted that besides two injured some other persons sustained gun shot injury, hence, appellants do not deserve bail. Having regard to the facts and circumstances of the case, the above named appellants are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Kaimur at Bhabhua in connection with Bhabua (Sonhan) P.S. Case No. 146 of 2019.

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

Appellants are directed to extend all sorts of cooperation in conducting of the trial.

(Prakash Chandra Jaiswal, J) Trivedi/- U T