Allowed¶24

Chhotu Singh v. The State Of Bihar

Patna HC4 Dec 2024CR. APP (SJ)/2336/2024

Case brief

AI extract

What is this about?

Keywords: SC/ST Act Section 14A(2) bail appeal; refusal of bail set aside; Exclusive Judge SC/ST (POA) Act Darbhanga; Bahadurpur P.S. Case No. 06 of 2024; IPC Sections 341, 323, 354B, 307, 504, 506 r/w 34; SC/ST Act Sections 3(1)(r), 3(1)(s), 3(2)(va); Arms Act Sections 25(1B)(a), 26, 27, 35; pistol firing injury to Hira Sada; caste-name abuse of Bhikhan Sada; co-accused Arun Mandela granted bail in Cr. Appeal (SJ) No. 2128 of 2024 (order dated 22.08.2024); simple injury report (case diary para 158); two empty pellets recovered from Kachha Rasta; custody since 13.02.2024; bail bond Rs. 20,000 with two sureties.

What did the court decide?

Enlargement of the appellant on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Judge, SC/ST (POA) Act, Darbhanga.

Chhotu Singh Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Enlargement of the appellant on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Judge, SC/ST (POA) Act, Darbhanga.

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Issue for consideration

Whether the appeal under Section 14A(2) of the SC/ST Act against the refusal of the appellant's bail should succeed and the appellant be enlarged on bail.

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Ratio / Principle

The impugned order dated 19.04.2024 passed by the learned Exclusive Judge, SC/ST (POA) Act, Darbhanga in Bahadurpur P.S. Case No. 06 of 2024 is set aside against the appellant and the criminal appeal is allowed.

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Key takeaways

The 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 Exclusive Judge, SC/ST (POA) Act, Darbhanga in connection with Bahadurpur P.S. Case No. 06 of 2024.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), Criminal Appeal (SJ) No.2336 of 2024, decided 04-12-2024 — Appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 against refusal of bail by the Exclusive Judge, SC/ST (POA) Act, Darbhanga (order dated 19.04.2024) in Bahadurpur P.S. Case No. 06 of 2024, involving offences under Sections 341, 323, 354B, 307, 504, 506 r/w 34 IPC, Sections 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (POA) Act and Sections 25(1B)(a), 26, 27, 35 Arms Act. Prosecution alleged caste-name abuse and lathi assault in the courtyard of Bhikhan Sada and open firing by the appellant injuring the informant's husband Hira Sada. Defence urged false implication, a simple injury (case diary para 158), recovery of two empty pellets away from the spot, clean antecedents and custody since 13.02.2024; the State and respondent No.2 opposed, stressing the direct allegation of firing. Held: impugned order set aside; appeal allowed; appellant enlarged on bail on bail bond of Rs. 20,000/- with two sureties of the like amount each.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2336 of 2024

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Arising Out of PS. Case No.-6 Year-2024 Thana- BAHADURPUR District- Darbhanga

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

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Chhotu Singh (Male), aged about 22 years, Son of Vinod Singh, Resident of village- Khaira, P.S.- Bahadurpur, Pator, O.P., Dist.- Darbhanga.

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... ... Appellant

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Versus

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The State Of Bihar.

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Ravina Devi, W/O Hira Sada, Resident of Village- Khaira, P.S.- Bahadurpur, Pator (O.P.), District- Darbhanga.

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... ... Respondents

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====================================================== Appearance : For the Appellant : Mr. Kaushal Kumar, Advocate For the Respondent No.2: Mrs. Shweta Anand, Advocate For the State : Mrs. Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 04-12-2024

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Heard learned counsel for the appellant, learned counsel for the respondent no. 2 and learned Spl. P.P. for the State.

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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 for prayer of bail of the appellant vide order dated 19.04.2024, passed by the learned Exclusive Judge, SC/ST (POA) Act, Darbhanga in connection with Bahadurpur P.S. Case No. 06 of 2024, registered for the offences punishable under Sections 341, 323, 354B, 307, 504, 506 read with Section 34 of the I.P.C., Sections 3(1)(r), 3(1)(s),

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Patna High Court CR. APP (SJ) No.2336 of 2024(5) dt.04-12-2024 2/4

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3(2) (va) of the SC/ST (POA) Act, and Sections 25(1B)(a), 26,

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27 and 35 of the Arms Act.

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The prosecution case, in brief, is that the appellant and the co-accused persons holding with lathi and danda are alleged to have entered the courtyard of one Bhikhan Sada and abused him by calling his caste name. On being objected by the informant’s brother-in-law (Dewar), Raja Sada, the co-accused Arun Mandal assaulted him with lathi on his head which hit upper part of his eye. When the informant’s husband, Hira Sada, came to rescue him, the appellant assaulted with fists and slaps him. In the meantime, Gulabi Devi the sister-in-law (Jethani) of the informant also came to rescue her brother-in-law (Dewar), the appellant also assaulted and abused her. When her husband Hira Sada came there to pacify the matter then the co-accused, Binod Singh and Arun Mandal assaulted him with lathi-danda, fists and slaps. In the meantime, the co-accused Chhotu Singh went his home and came with pistol and started open firing on the road near the Katdhara of Chandan Singh due to which one bullet hit the punjara of the informant's husband and he became unconscious. Thereafter, the informant’s husband was taken to the hospital for treatment.

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It is submitted by learned counsel for the appellant

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Patna High Court CR. APP (SJ) No.2336 of 2024(5) dt.04-12-2024 3/4

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that the appellant is quite innocent and has falsely been implicated in the present case due to ulterior motive. It is further submitted that the allegation of assault on the informant’s husband Hira Sada with fists and slaps and attacking on Gulabi Devi the sister-in-law (Gotani) of the informant and open indiscriminate firing against the appellant is false and ornamental only to implicate the appellant in the present case. No pellets were found at the place of occurrence i.e., in the courtyard of the informant rather police has recovered two empty pellets from Kachha Rasta situated in the east of grocery shop of Chandan Singh which falsifies the prosecution case. It is further submitted that from perusal of the injury report of Hira Sada which is available in paragraph no. 158 of the case diary, it appears that the doctor has found the injury simple in nature. The other co-accused Arun Mandal has already been granted bail by a Bench of this Court vide Cr. Appeal (SJ) No. 2128 of 2024 under order dated 22.08.2024. The appellant has clean antecedent as stated in paragraph no. 3 of the memo of appeal. No member of public was present at the relevant point of time of the alleged incident. Hence, no offence under the SC/ST Act is made out against the appellant. The appellant is in custody since 13.02.2024.

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Patna High Court CR. APP (SJ) No.2336 of 2024(5) dt.04-12-2024 4/4

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Learned Spl. P.P. for the State and learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellant. Learned counsel for the respondent no. 2 has further submitted that there is direct allegation against the appellant of firing on the informant’s husband Hira Sada due to which he sustained firearms injury.

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In view of the aforesaid facts and circumstances of the case, the impugned order dated 19.04.2024, passed by learned Exclusive Judge, SC/ST (POA) Act, Darbhanga in Bahadurpur P.S. Case No. 06 of 2024, is set aside against the appellant. The criminal appeal is allowed.

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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 Exclusive Judge, SC/ST (POA) Act, Darbhanga in connection with Bahadurpur P.S. Case No. 06 of 2024.

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(Chandra Prakash Singh, J)

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U.K./- U T

Chhotu Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Chhotu Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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