Taro Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2549 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- AMARPUR District- Banka ====================================================== Taro Das Son of Late Ishwar Das Resident of Village-Gadijor, P.S.- Fullidumar, District-Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Brij Nandad Prasad For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2019 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 25.02.2019 passed by learned 1st Addl. Sessions Judge-, Banka in Amarpur (Fullidumar) P.S. Case No. 39 of 2019 registered under Sections 302/34 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Husband of the informant is said to have taken by the appellant and other accused persons and later on the dead body of her husband was found little ahead of her house. The

Patna High Court CR. APP (SJ) No.2549 of 2019(5) dt.14-08-2019 2/3 informant suspects complicity of the appellant and other accused persons in the occurrence of commission of murder of her husband over row of payment of due wages of her husband. 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 this case due to dirty village politics. There is no eye witness of the occurrence. Allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent and has been languishing in custody since 02.02.2019. Charge-sheet in the case has already been submitted. Similarly situated coaccused, namely, Saryug Yadav has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 04.06.2019 passed in Cr. Appeal (SJ) No. 1569 of 2019 and Govind Das has been enlarged on bail by this Court vide order dated 21.06.2019 passed in Cr. Appeal (SJ) No. 1809 of 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

Patna High Court CR. APP (SJ) No.2549 of 2019(5) dt.14-08-2019 3/3 learned 1st Addl. Sessions Judge-, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 39 of 2019. Accordingly, the impugned order is set aside and appeal is allowed.

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