Pintu Nonia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4916 of 2023 Arising Out of PS. Case No.-159 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== PINTU NONIA SON OF HARDIP MAHTO @ HARDEEP NONIA RESIDENT OF VILLAGE - PATLU CHATNI, P.S. - NAUBATPUR, DISTRICT - PATNA ... ... Appellant/s
Versus
1.
THE STATE OF BIHAR BIHAR 2.
LAL BIHARI PASWAN SON OF LATE KAILASH PASWAN RESIDENT OF VILLAGE - RAM CHATNI, P.S. - NAUBATPUR, DISTRICT - PATNA ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Rohit Kumar Sharma, Advocate For the State :
Mr.Usha Kumari, APP For the informant :
Ms. Shubhangi Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.
2. The instant appeal has been filed by the appellant against the order dated 01.09.2023 passed by learned Court Exclusive Special Court, (SC/ST) Act, Patna in Special Case No. 137 of 2023, corresponding to Serial No. 83 of 2023, arising out of Naubatpur P.S. Case No. 159 of 2023 registered under Sections 302/34 IPC and Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by which the prayer for bail
Patna High Court CR. APP (SJ) No.4916 of 2023(5) dt.20-04-2024 2/3 of the appellant was rejected.
3. Allegation against the appellant and other coaccused person is that they abused the informant's son by using caste name and co-accused Ankit Kumar fired by his pistol on the chest of the son of the informant due to which he sustained injury and fell down and during treatment his son died.
4. It is submitted by learned counsel for the appellant that the appellant has been falsely implicated in this case due to village politics and previous enmity. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act againszt him. Nothing specific allegation has been levelled against the appellant rather the specific allegation of shot fire upon the deceased is against co-accused, namely, Ankit Kumar. Neither the appellant is named in the FIR nor he has been put on TIP. His name sprang up in this case on the confessional statement of co-accused Ankit. The informant is not the eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the appellant has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.07.2023. Similarly situated co-accused Bittu Kumar has been granted bail vide order dated 12.10.2023, passed in Cr. Appeal (SJ) No. 3466 of
Patna High Court CR. APP (SJ) No.4916 of 2023(5) dt.20-04-2024 3/3 2023.
5. The appeal for bail is opposed by learned Spl. P.P. for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and taking into consideration the fact that there is general and omnibus allegation against the appellant and one of the coaccused has been granted bail, the court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 01.09.2023 is hereby set aside.
7. The appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Exclusive Special Court SC/ST Act, Patna in connection with Special Case No. 137 of 2023, corresponding to Serial No. 83 of 2023, arising out of Naubatpur P.S. Case No. 159 of 2023. (Ramesh Chand Malviya, J) saurabhkr/- U T