Nagendra Rai @ Nagendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4372 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Nagendra Rai @ Nagendra Ray S/o Madan Rai R/o Village- Koiwari Buzurg, Ps- Industrail Area, District- Vaishali ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Seema Devi W/o Vijay Choudhary R/o vill - Hilalpur, P.S. - Industrial Area, Distt. - Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sabal Kumar Jha For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-01-2025

1. Heard learned counsel for the appellant and learned Special P.P. for the State.

2. This is an appeal under Section 14-A(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 25.07.2024 passed by the learned Exclusive Special Court SC/ST cum Additional District and Sessions Judge, Vaishali at Hajipur in connection with Hajipur Industrial Area P.S. Case No. 149 of 2023 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 302 and 120(B) of the Indian Penal Code as well as Sections 3(1)(r)(s) and 3(2)(v) of the

2/4 SC/ST Act.

3. Learned counsel for the appellant submits that appellant had earlier moved for seeking anticipatory bail, but the same was permitted to be withdrawn. It is next submitted that appellant is a person with clean antecedent and is in custody since 18.07.2024. It is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that informant alleges that her husband (deceased) worked as daily labourer of tile and marble and was working at the house of Parmeshwar Rai for the last one month, it is next alleged that on 21.10.

3/4 informant saw the marks of injuries on chest and ear and thus alleges based on suspicion that the accused persons might have assaulted him with a view to grab his wages.

4. The learned counsel for the appellant submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the entire allegation hinges around suspicion. It is further submitted that it absolutely does not stand to reason that had the appellant been involved in the occurrence then definitely he would not have brought the husband of the informant to his house fearing that he may disclose. It is further submitted that police after investigation has submitted charge sheet in the case, as such, no useful purpose would be served by keeping the appellant behind bars when appellant admittedly is a person with clean antecedent. It is also submitted that appellant will not abscond rather will cooperate in the trial to prove his innocence.

5. Learned Special P.P. for the State opposes the prayer for bail of the appellant.

6. In view of the submissions made by the learned counsel for the appellant, the order dated 25.07.2024 passed by the learned Exclusive Special Court SC/ST cum Additional District and Sessions Judge, Vaishali at Hajipur in connection

4/4 with Hajipur Industrial Area P.S. Case No. 149 of 2023, is hereby set aside and the appellant above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Industrial Area P.S. Case No. 149 of 2023.

7. Accordingly the appeal stands allowed.

8. However, it is made clear that if the learned Trial Court comes to a conclusion that appellant after his release is trying to delay the trial in any manner, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the appellant after recording reasons.

(Satyavrat Verma, J) Rishabh/- U T