Iliyas @ Ilyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4188 of 2021 Arising Out of PS. Case No.-147 Year-2021 Thana- BAUSI District- Purnia ====================================================== ILIYAS @ ILYAS S/o Late Tazuddin R/o village- Soti Tola, P.S.- Baisi, District- Purnea ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Raj Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2021 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Learned counsel for the appellant is directed to remove the defects as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench. 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 for bail vide order dated 10.09.2021, passed by learned 1st Additional Sessions Judge -cum- Special Judge (SC/ST) Act, Purnea, in connection with Special Case No.83/2021 arising out of Baisi P.S. Case No.147/2021, registered under sections 147, 148, 149, 341, 323, 324, 307,

Patna High Court CR. APP (SJ) No.4188 of 2021(2) dt.16-12-2021 2/3 302, 354, 427, 379, 435, 436, 504, 506 of the IPC and sections 3(i)(r)(s)(e)(g)/(w)(i)/(2)/3(i)(w)(i), 3(2)(v)(a)/3(2)(ii)(iv)(v)(va) of the SC/ST Act.

The prosecution case in brief, is that all the named accused persons including the appellants assaulted the father of the informant which caused his death. It is alleged that the accused persons abused by taking caste name and set fire in may house. They also, assaulted the women and the deputed police party and also burnt the motorcycle of one Dinesh Rai. It is submitted by learned counsel for the appellant that no such occurrence as alleged has ever taken place. Appellant is innocent and has been falsely implicated in the case. It is submitted that the appellant is said to be the member of the mob of 100-150 persons who committed the offence but the identification of individual persons in such a mob is doubtful. There is no specific allegation against the appellant rather the allegation is general and omnibus in nature. The appellant has three criminal antecedents, as mentioned in para-3 of the memo of appeal and have been languishing in custody since 21.05.2021.

Learned Spl. PP for the State opposed the prayer for bail. In the facts and circumstance of the case, since there is no

Patna High Court CR. APP (SJ) No.4188 of 2021(2) dt.16-12-2021 3/3 specific overt act, the above named appellant is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge -cum- Special Judge (SC/ST) Act, Purnea, in connection with Special Case No.83/2021 arising out of Baisi P.S. Case No.147/2021.

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

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