Jai Ram Mahto @ Rohit Raj vs State Of Bihar

Heard learned counsel for the appellants, learned counsel for the respondent No.2 as well as learned counsel for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.

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 10.12.2021 passed by learned Special Judge, SC/ST Act, Patna, in connection with Special Case No. 05 of 2022 in connection with Malsalami P.S. Case No. 467 of 2019 registered for the alleged offences under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

As per the prosecution case, the appellants assaulted the informant causing a number of injuries to him. The occurrence took place due to some minor altercation.

Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in this case. The occurrence took place in course of an altercation and there was no intention for causing the injuries. The injuries have been found to be simple in nature. The matter has been compromised between the parties and the copy of the compromise petition has been filed before the learned Special Judge. The appellants are in custody since 10.10.2022 and charge-sheet has been submitted in this case. The appellants have got no criminal history.

Learned counsel for the informant/respondent No. 2 admits the factum of compromise.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of injuries which appears to be simple and further considering the clean antecedent of the appellants and their period of custody along with submission of charge-sheet, the appellants above named are directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna, in connection with Malsalami P.S. Case No. 467 of 2020, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the appellants.

(ii) The appellants will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the appellants will be liable to be cancelled by the court concerned.

Accordingly, the impugned order is set aside and the appeal is allowed.