Anandi Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4932 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== ANANDI MANJHI S/o Budhan Manjhi R/o village- Panchi, P.S.- Sheikhopur Sarai, District- Sheikhpura. ... ... Appellant.
Versus
The State of Bihar. ... ... Respondent. ====================================================== Appearance :
For the Appellant/s :
Mr. Bharat Lal For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Learned counsel for the appellant undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken 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 09.12.2021 passed by learned 1stAdditional Sessions Judge, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 122 of 2021/SC/ST Case No.50 of 2021 registered under Sections 147, 148, 149, 302, 504 & 506 of the Indian Penal Code and Section 3(1) (r) (s) and 3 (2) (v) of the
Patna High Court CR. APP (SJ) No.4932 of 2021(2) dt.12-05-2022 2/3 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The prosecution case, in brief, is that while the informant along with his father was returning towards his house after attending call of nature, all the F.I.R. named accused are said to have armed with pistol and gun surrounded him and they were very anguish and were abusing. Co-accused, Prahalad Kumar fired with his pistol on the chest of the father of the informant and he died on the spot and other accused persons fled away. The reason behind the occurrence is said to be illicit relation of co-accused Prahlad Kumar with Samful Devi, wife of the deceased, which was being objected by deceased father of the informant.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to dirty village politics. The allegation levelled against the appellant is not specific rather general and omnibus in nature. The only allegation against the appellant which has come on record is that he along with main accused Prahalad Kumar @ Sonu had threatened the deceased. Appellant has no criminal antecedent and has been languishing in custody since 17.11.2021.
Patna High Court CR. APP (SJ) No.4932 of 2021(2) dt.12-05-2022 3/3 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1stAddl. Sessions Judge cum Special Judge SC/ST Act, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No.122 of 2021/SC/ST Case No.50 of 2021. Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J) Trivedi/- U T