Jitendra Paswan @ Baua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4953 of 2021 Arising Out of PS. Case No.-534 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Jitendra Paswan @ Baua S/o Basudeo Paswan R/o Village- Arfabad Naharpar, P.S.- Alamganj, District- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Renu Devi W/o Jaggu Choudhary R/o Village- Gurki Mandi, P.S.- Alamganj, District- Patna.

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

For the Appellant/s :

Ms. Kritu Verma, Advocate For the Respondent/s :

Ms. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-08-2022 1.

Heard learned counsel for the appellant and learned Special P.P. for the State, on point of admission and on merit also.

2.

The appellant has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for bail vide order dated 08.12.2021 passed by the learned Additional Sessions Judge-III-cumSpecial Judge, SC/ST(POA) Act, Patna in connection with Alamganj P.S. Case No. 534 of 2021 registered under Sections 302, 120(B) and 34 of the Indian Penal

2/4 Code, Section 27 of the Arms Act and Section 3(2)(v)a of the Act.

3.

Present appeal is well within limitation as prescribed under Section 14A(3) of the Act.

4.

Notice has been issued to Respondent no.2, served upon, but failed to appear.

5.

The appellant is named in F.I.R. and is in custody since 21.08.2021.

6.

The allegation against the appellant is to murder the husband of the informant, alongwith other co-accused persons, for previous enmity.

7.

Learned counsel for the appellant submitted that allegation of firing, causing death of the husband of the informant is against co-accused, namely, Naga @ Sonu and Balia. It is also submitted that no overt act against this appellant is found towards commission of the alleged offence. It is also submitted that the face of the FIR is not suggesting that act of appellant can be said to be of such nature so as to attract atrocities within the meaning of the Act. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this

3/4 case, as such, there is no chance of tampering with the evidence.

8.

Learned counsel for the appellant submitted that if insult is not caused to complainant/informant on the basis of caste, no case is made out under the Act, as it was held in State of Madhya Pradesh Vs. Parasram @ Purushottam, as reported in 2015 (153) AIC 276. 9.

Learned Special P.P. for the State, fairly conceded the fact that the specific allegation of firing is against coaccused persons, not against this appellant. 10.

In view of the submissions, as made above, as specific allegation of firing, causing death of the husband of the informant is against co-accused, where allegation against this appellant is very much general and omnibus coupled with the fact that the charge-sheet has already been submitted, let the appellant, above named, is directed to be released on bail in connection with Alamganj P.S. Case No. 534 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III-cum-Special Judge, SC/ST(POA) Act, Patna/concerned Court, subject to the

4/4 conditions as laid down u/s 437 (3) of the Cr.P.C. 11.

Accordingly, impugned order dated 08.12.2021 is set aside.

12. Hence, the present appeal is allowed. (Chandra Shekhar Jha, J) Ankit/- U T