Naresh Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3634 of 2019 Arising Out of PS. Case No.-95 Year-2013 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== NARESH MAHTON Son of Basant Lal Mahto @ Anand Lal Mahto Resident of Village- Samsa, P.S.- Naokothi, District- Begusarai. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Nakul Kumar Jamuar For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-09-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 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 22.07.2019 passed by learned Special Judge SC/ST Act, Begusarai in connection with Nawkothi P.S. Case No. 95 of 2013 registered under Sections 341, 323, 307, 504 & 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.3634 of 2019(3) dt.24-09-2019 2/3 While the informant was at his house, appellant Naresh Mahton and co-accused Vijay Rajak slating the informant in the name of his caste descended at his house and resorted firing upon him but he escaped the fire and then he again started loading pistol but on the hulla made by the informant locals rushed there and they left the scene slating him.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. Appellant has been falsely implicated in the case due to land dispute. There is no specific allegation against the appellant of slating the informant. Informant has not sustained injury in the occurrence. Appellant has been languishing in custody since 11.07.2019.

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 released 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 Special Judge SC/ST Act,

Patna High Court CR. APP (SJ) No.3634 of 2019(3) dt.24-09-2019 3/3 Begusarai in connection with Nawkothi P.S. Case No. 95 of 2013.

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

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