This judgment allowed an appeal against the refusal of bail filed by Manoj Mahto in a Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act case involving murder allegations. The court set aside the lower court order and granted bail.
Appellant released on bail upon furnishing a bond of Rs. 20,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.71 of 2019
Arising Out of PS. Case No.-224 Year-218 Thana- LALGANJ District- Vaishali
======================================================
Manoj Mahto s/o Mahendra Mahto Resident of Village-Dilawarpur,P.S.Lalgang,District-Vaishali
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Anish Chandra For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
4 27-02-2019 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 16.11.2018 passed by learned Additional Sessions Judge-I cum Spl Judge (SC/ST) Act, Vaishali at Hajipur , in connection with Lalganj P.S. Case No. 224 of 2018 registered under Sections 302, 201, 120B/34 of the IPC and Section 3(i)(r), 3(ii)(v)(a) of SC/ST (Prevention of Atrocities) Act.
Informant in her fardbeyan has alleged that coaccused Amarjeet Mahto came to his house and took away his husband in marriage of his Niece. However, in the night he did not return and his dead body was found in the next morning. It has been further alleged that said Amarjeet Mahto along with
Patna High Court CR. APP (SJ) No.71 of 2019(4) dt.27-02-2019 2/3
other including petitioner has killed her husband.
It has been submitted on behalf of the Appellant that he is innocent and has been falsely implicated in this case on mere suspicion. Except suspicion there is no any other incriminating material against the Appellant. It has been further submitted that co-accused Amarjeet Mahto has already been granted bail vide order dated 14.02.2019 passed in Criminal Appeal (SJ) No. 313 of 2019. Appellant has got no criminal antecedent and is in custody since 27.06.2018.
Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the Appellant tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the Appellant.
Patna High Court CR. APP (SJ) No.71 of 2019(4) dt.27-02-2019 3/3
Accordingly, the impugned order is set aside and this
appeal stands allowed.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether the appeal against refusal of bail should be allowed based on innocence and lack of criminal antecedents.
3 provisions across 3 enactments
Manoj Mahto
The State Of Bihar
S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
