Javed Khan @ Jabed Khan vs State Of Bihar

This case has been taken up for consideration today through Video Conferencing.

Heard learned counsel for the appellant and the learned Special PP for the State.

2 The appellant has preferred the present Appeal under Section 14 A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act) against the refusal of his prayer for regular bail vide order dated 23.09.2020 passed by Special Judge, SC/ST Act, Gaya in a case registered under Sections 302, 120B, 201/34 of Indian Penal Code and Sections 3 (i) (r) (s) (u) of SC/ST Act in connection with Atri Police Station (for brevity, PS) Case No 431 of 2019.

3 Prosecution case alleges that there was fight and exchange of hot abusive words between the informant's son and co-accused Kabir Khan on 27.09.2019. Thereafter, the informant's son became traceless. On 06.10.2019, his dead body was found in a field.

4 Appellant's counsel submits that having no criminal antecedent, the appellant surrendered in the Court below on 23.09.2020 and since then he is in custody. Implication of the appellant is on extraneous considerations, or at best based on suspicion.

5 Learned Special PP for the State has opposed the prayer for bail.

6 In my opinion, a case for grant of regular bail is made out. The impugned order dated 23.09.2020 requires interference by this Court, which is, accordingly, set aside.

7 Considering the rival submissions, this appeal is allowed. The impugned order dated 23.09.2020 passed by Special Judge, SC/ST Act, Gaya in connection with Atri PS Case No 431 of 2019 is set aside.

8 Let the appellant above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, SC/ST Act, Gaya in Atri PS Case No 431 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the appellant who will give an affidavit giving genealogy as to how he is related with the appellant. The bailor will also undertake to inform the Court if there is any change in the address of the appellant.

(2) That the appellant will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.