Kamlesh Ram v. The State of Bihar

Patna HC16 May 2024CR. APP (SJ)/1225/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Appeal (SJ) No.1225 of 2024; bail granted under Section 14(A)(2) SC/ST Act; Kuchaikote P.S. Case No. 530 of 2023, Gopalganj; IPC Section 302 with Section 34; SC/ST Act Section 3(2)(v); general and omnibus allegation; no caste name called by appellant; cause of death hemorrhage and shock; postmortem no left-eye injury; land dispute between parties; no criminal antecedent; custody since 28.10.2023; bail bond Rs. 20,000 with two sureties; appearance condition before court below; Justice Chandra Prakash Singh; decided 16-05-2024.

What did the court decide?

Impugned bail-refusal order dated 30.01.2024 set aside; appellant directed to be enlarged on bail on furnishing bail bond of Rs. 20,000 with two sureties of the like amount each, subject to the condition of physical presence before the court below on every date.

Kamlesh Ram Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, an accused in Kuchaikote P.S. Case No. 530 of 2023 (u/s 302 read with section 34 IPC and u/s 3(2), (v) SC/ST Act), should be enlarged on bail despite the refusal of his bail prayer by the Special Judge under the SC/ST Act.

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Court's answer

Finding substance in the contentions of learned counsel for the appellant, the Court set aside the order dated 30.01.2024 of the learned Additional Sessions Judge XI-cum-Exclusive Special Judge under SC/ST Act, Gopalganj refusing bail to the appellant, and allowed the criminal appeal.

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Ratio / Principle

The appellant was directed to be enlarged on bail on furnishing a bail bond of Rs. 20,000 (Rupees Twenty thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge XI-cum-Exclusive Special Judge under SC/ST Act, Gopalganj.

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Key takeaways

Bail was made subject to the condition that the appellant remain physically present before the court below on each and every date, failing which, on absence on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.ratio¶¶29

Detailed headnote1 paragraphs

Criminal Appeal (SJ) No. 1225 of 2024, decided 16-05-2024 (Chandra Prakash Singh, J): Appeal under Section 14(A)(2) of the SC/ST Act, 1989 against refusal of bail by order dated 30.01.2024 of the Additional Sessions Judge XI-cum-Exclusive Special Judge under SC/ST Act, Gopalganj, in Kuchaikote P.S. Case No. 530 of 2023, registered u/s 302 read with section 34 IPC and u/s 3(2), (v) SC/ST Act. Counsel for the appellant urged false implication with ulterior motive, a general and omnibus allegation, absence of any caste name called by the appellant, cause of death as hemorrhage and shock (case diary para 19), a subsisting land dispute between the parties, absence of left-eye injury in the postmortem report, no criminal antecedent, and custody since 28.10.2023. Finding substance in these contentions, the High Court set aside the impugned order, allowed the appeal, and directed enlargement of the appellant on bail on a bond of Rs. 20,000 with two sureties of the like amount each, conditioned on his physical presence before the court below on every date, failing which on two consecutive dates without reasonable cause the bail bonds were declared liable to be cancelled.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1225 of 2024

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Arising Out of PS. Case No.-530 Year-2023 Thana- KUCHAIKOTE District- Gopalganj

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======================================================

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Kamlesh Ram S/o Baharan Ram R/o vill - Narayanpur, P.s. - Kuchaikote, Distt. - Gopalganj.

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... ... Appellant/s

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Versus

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The State of Bihar Bihar

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Usha Devi W/o Late Manoj Ram R/o vill - Narayanpur, P.s. - Kuchaikote, Distt. - Gopalganj, Pin 841501

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... ... Respondent/s

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====================================================== Appearance :

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For the Appellant/s : Mr. Irshad Ahmad Khan For the Respondent/s : Mrs. Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 16-05-2024

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Heard learned counsel for the appellant and learned

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Special Public Prosecutor for the State.

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2 . This is an appeal under Section 14(A)(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 30.01.2024 passed by the learned Additional Sessions Judge XIcum-Exclusive Special Judge under SC/ST Act, Gopalganj in connection with Kuchaikote P.S. Case No. 530 of 2023, registered for the offence/s punishable u/s 302 read with section 34 of the Indian Penal Code, u/s 3(2), (v) SC/ST Act.

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3 . As per the prosecution case, all the accused persons except the appellant and the co-accused Chandshi Devi came to the house of the informant with weapons and the co-accused

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Patna High Court CR. APP (SJ) No.1225 of 2024(4) dt.16-05-2024 2/4

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Badshah Yadav abused the informant with her caste name. On protest, the co-accused Badshah Yadav assaulted and molested the informant. The co-accused Chhathu Yadav snatched the informant’s mangal sutra worth Rs. 10,000/-. When the informant’s husband came to rescue, then the co-accused Suraj Yadav and Vijay Yadav sprinkled chilly powder in his eyes, then the co-accused Shiv Prasad Yadav gave knife blow in his left eye and abused him with his caste name. It is also alleged that the co-accused Badshah Yadav started assaulting the husband of the informant on his back and leg with butt of gun and the coaccused Chhathu Yadav and Suraj Yadav started strangulating him and and the co-accused Vijay Yadav started twisting his leg causing fracture on his leg. Further the co-accused Dharmendra Ram abused the informant and threatened to kill her husband, the co-accused persons Ritik Ram and Rohit Ram started assaulting her husband on his head with rod and Dharmendra Ram started pressing his neck. Then the appellant and the coaccused Chanda Devi began assaulting her husband with rod in his abdomen, due to which he became unconscious. Thereafter, the co-accused persons Vikash Ram and Sankeshiya Devi started strangulating the husband of the informant and the coaccused Manish Ram gave rod blow on the head of the

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Patna High Court CR. APP (SJ) No.1225 of 2024(4) dt.16-05-2024 3/4

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informant’s husband. The co-accused Chandshi Devi and the appellant damaged the left eye of the informant’s husband by inserting their fingers.

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4 . Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. There is general and omnibus allegation against the appellant. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under section SC/ST Act. As per para 19 of the case diary, the cause of death is due to hemorrhage and shock. There was land dispute between both the parties. No injury was found on the left eye of the husband as per the postmortem report. The appellant has no criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 28.10.2023.

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5 . Learned counsel, learned Spl. P.P. for the State as well as learned counsel for the respondent no. 2 has vehemently opposed the prayer of bail of the appellant.

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6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated

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Patna High Court CR. APP (SJ) No.1225 of 2024(4) dt.16-05-2024 4/4

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30.01.2024 passed by the learned Additional Sessions Judge XIcum-Exclusive Special Judge under SC/ST Act, Gopalganj in connection with Kuchaikote P.S. Case No. 530 of 2023, is set aside against the appellant. The criminal appeal is allowed.

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7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XI-cum-Exclusive Special Judge under SC/ST Act, Gopalganj in connection with Kuchaikote P.S. Case No. 530 of 2023, with a condition:-

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(i) The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellant are liable to be cancelled.

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Ranjeet/- U T

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(Chandra Prakash Singh, J)

Kamlesh Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kamlesh Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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