Manoj Rai vs State Of Bihar

Vide order dated 03.11.2022 learned Spl. P.P. was directed to inform the respondent no. 2 through Superintendent of Police, Madhubani with regard to proceeding taking place in this court. Today none is present on behalf of the State. Further none is present on behalf of the respondent no. 2. The matter has been kept pending on previous two dates as well for appearance of respondent no. 2. Under the aforesaid circumstances the matter is put up for hearing.

Let the defect (s), 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 vide order dated 27.04.2022 passed by the learned 1st Additional Session Judge-cum-Special Judge, SC/ST Act, Madhubani in connection with Laukahi P.S. Case No. 01 of 2022 registered for the alleged offences under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 25(1-b)a, 26, 27 and 35 of the Arms Act and Sections 3(2)(va)) of the Scheduled Castes and Scheduled Tribes Act. (Prevention of Atrocities) Act, 1989.

As per prosecution case, due to election rivalry, co-accused Gauri Yadav along with dozens of miscreants attacked the house of the informant and tried to forcibly take away the brother and son of the informant on his four-wheeler. On alarm being raised by the informant, persons from the neighbourhood assembled. Co-accused fired upon the informant with his pistol but the shot did not hit him. The co-accused and other miscreants tried to flee away from the spot when the people started assembling there. Police also reached at the spot and this appellant was apprehended with a loaded country made pistol while fleeing away from the spot.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The appellant has been made accused in this case since he is supporter of co-accused Gauri Yadav. There is no specific allegation of any overt act against this appellant. Nothing incriminating has been recovered from the person or possession of this appellant and the so called recovery has been planted by the informant himself who produced it before the police. Charge sheet has been submitted in this case and the appellant is in custody since 02.01.2022. The appellant has got clean antecedent.

Perused the records.

Having regard to the facts and circumstance and submission made on behalf of the appellant and considering the submission of charge sheet along with period of custody of the appellant, the appellant above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Session Judge-cum-Special Judge, SC/ST Act, Madhubani in connection with G.R. Case No. 01 of 2022 arising out of Laukahi P.S. Case No. 01 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

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

(ii) The appellant 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 appellant will be liable to be cancelled by the court concerned.

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