Panchan Das @ Pancham Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3764 of 2022 Arising Out of PS. Case No.-408 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== PANCHAN DAS @ PANCHAM RAVIDAS S/O LATE HANU RAVIDAS Resident of Village- Ramkishun Bigha (Manani), P.S.- Wajirganj, DistrictGaya. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
BIRENDRA TANTI S/O SHREE TANTI Resident of village- Jhour, P.S.- Warisaliganj, District- Nawada ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sheo Kumar Prasad For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2023 Heard the learned counsel for the parties.
This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 05.09.2022, passed by the learned Exclusive Special Court, SC/ST Nawada in connection with Warisaliganj P.S.Case No. 408 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 354(B) and 302 of the Indian Penal Code and Sections 3(i)(r)(s) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for regular bail of the appellant has been rejected.
As per allegation, 15-20 the accused persons entered
Patna High Court CR. APP (SJ) No.3764 of 2022(3) dt.14-03-2023 2/2 the house of the informant and on the order of Pursotttam Mahto, co-accused Brajesh Mahto fired shot at the nephew of the informant, who died on the spot. The accused persons also outraged the modesty of the female members of the informant. Learned counsel for the appellant has submitted that he is a person of 70 years of age. He is not the assailant of the deceased, neither he is the order giver. At the time of occurrence, he was not present on the spot He is in custody since 26.07.2022.
Considering the facts and circumstances, the appeal is allowed and the impugned order dated 05.09.2022 is set aside. Let the appellant, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court SC/ST Nawada in connection with Warsaliganj P.S.Case No. 408 of 2022.
(Nawneet Kumar Pandey, J) HR/- U T