Vikash Kumar @ Vikash Paswan vs State Of Bihar

Heard learned counsel for the appellant, learned Spl.PP for the State.

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 by order dated 23.06.2022 passed by learned Additional Sessions Judge-3-cum-Special Judge (SC/ST) Act, Nalanda at Biharsharif in connection with Chandi P.S. Case No. 57 of 2020 registered for the alleged offences under Section 302 of the Indian Penal Code and Sections 3 (1) (r) (s), 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 27 of the Arms Act.

As per the prosecution case, on alarm being raised about thieves in the village, people came out and thieves were chased by them. The son of the informant also joined his co-villagers but while running away the thieves opened fired and one such shot hit the son of the informant at his forehead and he died during his treatment.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case on the basis of confessional statement of the co-accused persons. Except for this confessional statement which has got no legal value, there is nothing against this appellant. No material was collected during investigation against this appellant. The co-accused who named this appellant for his involvement namely Vikash Kumar @ Vikash Yadav has been granted bail by a Co-ordinate Bench vide order dated 26.07.2021 passed in Cr. Appeal (SJ) No. 1332 of 2021. The appellant is in custody since 13.06.2022 and charge-sheet has been submitted.

Learned Special PP opposes the submission made on behalf of the appellant submitting that the appellant was named by the co-accused persons for his involvement in the occurrence.

Perused the records.

Having regard to the facts and circumstances and considering the submission made on behalf of the parties and distinct lack of substantive material against the appellant and also considering grant of bail to co-accused Vikash Yadav by a Co-ordinate Bench, the appellant 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 Additional Sessions Judge-3-cum-Special Judge (SC/ST) Act, Nalanda at Biharsharif in connection with Chandi P.S. Case No. 57 of 2020, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) The bail bond of the appellant will be accepted only after framing of charge, if not already framed.

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

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

(iv) 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 is allowed.