Patna High CourtCR. APP (SJ)/3422/2022allowed

Yado Lal Kushwaha v. The State Of Bihar

2023-05-17Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3422 of 2022 Arising Out of PS. Case No.-428 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== YADO LAL KUSHWAHA Son of Shital Kushwaha Resident of VillageMudda Chapra, P.S- Sugauli, District- East Champaran, Motihari ... ... Appellant/s

Versus

The State of Bihar 2.

Sugandhi Devi W/O Late Late Harendra Manjhi Resident of villageKobaiya Bazar Mushahari Tola, P.S- Sugauli, District- East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sharda Nand Mishra, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2023

1. Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. No one appears on behalf of respondent no. 2 inspite of valid service of notice.

2. The instant appeal has been preferred by the appellant against the order dated 6.9.2022 passed by the learned Special Judge, SC/ST Act, East Champaran, Motihari whereby the prayer for bail of the appellant in connection with Trial No.35 of 2021 (arising out of Sugauli P.S. case No. 428 of 2020) registered under section 302, 307, 147, 149, 341 and 323 of the Indian Penal Code to which section 3(1)(r)(s) of the SC and ST (Prevention of Atrocities) Act and section 27 of the Arms Act were added subsequently, was rejected.

Patna High Court CR. APP (SJ) No.3422 of 2022(4) dt.17-05-2023 2/3

3. As per the allegation in the FIR, as a result of dispute over grazing of goat, it is stated that on the appellant and Om Prakash Kushwaha having fired three shots, the husband of the informant sustained gunshot injury and died subsequently in course of treatment.

4. The earlier prayer for bail of the appellant was rejected vide order dated 12.7.2021 (Annexure-1) passed in Cr. Appeal (SJ) No.2684 of 2021.

5. Learned counsel for the appellant referring to the FIR brought on record as annexures to the supplementary affidavit submits that from perusal of the FIR of Sugauli P.S. Case no. 396 of 2020 and Sugauli P.S. Case no.397 of 2020 which were registered within 3 days of the occurrence, it would transpire that the petitioner was not described as an assailant therein. It was only when the third FIR was registered 22 days after the alleged occurrence that the petitioner along with Om Prakash Kushwaha were alleged to have resorted to firing resulting in the death of the informant's husband. The said Om Prakash Kushwaha has been enlarged on bail vide order dated 14.12.2021 passed in Cr. Misc. No.40544 of 2021. The appellant is in custody since 17.2.2021 and undertakes to cooperate in the trial.

Patna High Court CR. APP (SJ) No.3422 of 2022(4) dt.17-05-2023 3/3

6. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the appellant, the appellant having remained in custody for 2 years 3 months since 17.2.2021 and grant of bail to similarly situated coaccused Om Prakash Kushwaha by order dated 14.12.2021, the Court is inclined to allow the appeal.

7. The appeal is allowed and the order dated 6.9.2022 passed in Trial No.35 of 2021 (arising out of Sugauli P.S. case No. 428 of 2020) by learned Special Judge, SC/ST Act, East Champaran, Motihari, is set aside.

8. The appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Session Judge, Motihari in connection with Trial No.35 of 2021 (arising out of Sugauli P.S. case No. 428 of 2020).

9. The appeal stands allowed.

(Partha Sarthy, J) Bibhash/- U