Binod Bhuiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4738 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- DHANSOI District- Buxar ====================================================== Binod Bhuiya Son of Late Pragas Bhuiya @ Late Prakash Bhuiya R/O Vill.- Chapatahi, P.S.- Dhansoi, Dist.- Buxar.
... ... Appellant/s
Versus
1.
The State of Bihar 2.
Shri Kant Ram Son of Sahendra Ram R/O Vill.- Chapatahi, P.S.- Dhansoi, Dist.- Buxar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Ms.Usha Rai, Adv.
For the Respondent/s :
Mr.Sadanand Paswan, SSP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State. In spite of valid service of notice upon the respondent no.2, no one has appeared on his behalf. Perused the case diary.
2. This is an appeal under Section 14A(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 of bail vide order dated 21.09.2024 passed by learned Additional Sessions Judge 1stcum-Special Judge SC/ST (P.O.A.) Act, Buxar, in connection with Dhansoi P.S. Case No. 175 of 2023 registered under Sections 302, 504, 506/34 of the Indian Penal Code, Section 27 of Arms Act and Section 3(2)(v) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.4738 of 2024(6) dt.10-07-2025 2/3
3. As per the prosecution case, the allegation against the appellant is that he, in connivance with, other co-accused persons abused, humiliated and committed murder of the father of the informant.
4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under SC/ST Act is made out against the appellant. The appellant was not present at the place occurrence and, has falsely implicated in the present case on the basis of suspicion. He submits that there is no specific allegation against the appellant rather the same is general and omnibus in nature. He further submits that no arms and ammunition has been recovered from the conscious possession of the appellant. He further submits that there is delay of two days in lodging the F.I.R. that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case.
There is no eyewitness to the alleged occurrence. Even the Informant is not the eye-witness to the alleged occurrence. The appellant is in custody since 29.08.2024 and has one criminal antecedent.
Patna High Court CR. APP (SJ) No.4738 of 2024(6) dt.10-07-2025 3/3 Coordinate Bench of this Court vide orders both dated 22.11.2024 passed in Cr. Appeal (S.J.) Nos. 524 of 2024 and 578 of 2024 respectively.
5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant, stating that offence alleged is serious in nature.
6. Considering the entire facts and circumstances of the case, there being no specific overt act against the appellant as also the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 21.09.2024 passed by learned Additional Sessions Judge 1st-cum- Special Judge SC/ST (P.O.A.) Act, Buxar is hereby set aside.
7. Let the appellant, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhansoi P.S. Case No. 175 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T