Appeal under Section 14(A)(2) SC/ST Act against rejection of bail for alleged pistol firing on the informant. The High Court found substance in the appellant's contentions, set aside the order rejecting bail, allowed the appeal, and enlarged the appellant on bail with conditions of court attendance and trial cooperation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.201 of 2025
Arising Out of PS. Case No.-382 Year-2024 Thana- PARSABAZAR District- Patna
======================================================
Sintu Kumar @ Chhotu Kumar Son of Dinesh Singh @ Dinesh Kumar Singh Resident of Mohalla - Suitha, Police Station - Parsabazar, District- Patna, present address Village - Lodipur, P.S. - Punpun, District - Patna
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Pramod Kumar, Adv. For the Respondent/s : Mr. Raj Bansh Dubey, Adv. Mr. Satish Kumar Sinha, Adv. Ms. Moni Kumari, Adv. For the State : Mr.Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
counsel for the respondent no. 2 and learned Spl. P.P. for the State.
2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer of bail of the appellant vide order dated 19.11.2024 passed by the learned Exclusive Special Judge, SC/ST, Civil Court (Sadar), Patna in connection with Spl. Case No. 448/2024, Serial No. 329/2024 arising out of Parsa Bazar P.S. Case No. 382 of 2024 dated
Patna High Court CR. APP (SJ) No.201 of 2025(3) dt.10-04-2025 2/4
08.08.2024 registered for the alleged offences punishable under Sections 126, 109, 352, 351 and 61(2) of the Bhartiya Nyay Sanhita, Section 27 of the Arms Act and Sections 3(2), 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.
3. As per prosecution case, on 08.08.2024, when the informant was standing near Bajrang Bali Temple then the appellant came there and started abusing. On being objected by the informant, the appellant threatened him and went from there. It is further alleged that after one hour, the appellant armed with pistol along with the co-accused persons came to the house of the informant and the appellant fired from his pistol on the informant which hit his right shoulder causing injury. Thereafter, the accused persons fled away from the place of occurrence.
4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the appellant. Learned counsel has further submitted that the charge-sheet has been submitted against the appellant. The appellant is in custody since 10.08.2024. The appellant has
Patna High Court CR. APP (SJ) No.201 of 2025(3) dt.10-04-2025 3/4
clean antecedent as stated in para 3 of the bail petition.
5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellant and submitted that the specific allegation of firing is against the appellant due to which he sustained gunshot injury on shoulder and as per the injury reportof the injured Arvind Paswan, the injury is grievous in nature.
6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contenion of the learned counel for the appellant, the impugned order dated 19.11.2024 passed by the learned Exclusive Special Judge, SC/ST, Civil Court (Sadar), Patna in connection with Spl. Case No. 448/2024, Serial No. 329/2024 arising out of Parsa Bazar P.S. Case No. 382 of 2024, is set aside against the appellant. The criminal appeal is allowed.
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 Exclusive Special Judge, SC/ST, Civil Court (Sadar), Patna in connection with Spl. Case No. 448/2024, Serial No. 329/2024 arising out of Parsa Bazar
Patna High Court CR. APP (SJ) No.201 of 2025(3) dt.10-04-2025 4/4
P.S. Case No. 382 of 2024 with the condition :-
(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 bond of the petitioner is liable to be cancelled.
(ii) The appellant is directed to cooperate in the trial
before the learned court below.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the appellant should be granted bail in a SC/ST Act case involving allegations of firing causing grievous injury.
5 provisions across 4 enactments
Sintu Kumar @ Chhotu Kumar
The State of Bihar
Arvind Paswan
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
