Appellant released on bail after being convicted under Sections 302/34 IPC and Sections 3 (i)(r)(s) of SC/ST Act: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo 23321 Arising Out of PS. Case No. 77 Year 2020 Thana KHUDAGANJ District Nalanda AJAY YADAV Son of Rambhawan Yadav Resident of Village Khudaganj P.S. Khudaganj District Nalanda The State of Bihar ... Appellant s ... Respondent s For the Appellant s For the Respondent s CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD Mr Anil Kumar No 1 Advocate Mr Sadanand Paswan Special PP Date : 15 07 2021 This case has been listed today for consideration through 2 Heard learned counsel for the appellant and the learned Special Public Prosecutorfor the State 3 The appellant has preferred the present Appeal under Section 14 A of Scheduled Castes and Scheduled Tribes Prevention of Atrocities) Actagainst the refusal of his prayer for regular bail vide order dated 21.02.2021 passed by Additional Sessions Judge I cum Special Judge Bihar Sharif Nalanda in a case registered under Sections 302 34 of Indian Penal Code and Sections 3 (r) of SC ST Act in Patna High Court CR. APPNo.23321 dt.15 07 2021 connection with Khudaganj Police StationCase No 720. 4 After the recovery of dead body of her husband from the river the informant has lodged the First Information Report for brevity FIR) raising suspicion against the appellant co accused Vijay Yadav and Sanjay Yadav of having killed her husband. FIR narrates that earlier in the day the husband of the informant had an altercation with the instant appellant. In the evening he had left the house but did not return 5 Learned counsel for the appellant submits that from the prosecution case it is evident that FIR is based merely on suspicion. The other co accused Vijay Yadav and Sanjay Yadav have been allowed bail by the lower Court itself. Appellant has no criminal antecedent and charge sheet has been submitted. He continues to be in custody since 09.12.2020. Further submission is that from the case diary also no material has surfaced to draw any distinction between the instant appellant and co accused Vijay Yadav and Sanjay Yadav who have already been allowed bail by the lower Court itself 6 Learned Special PP has opposed the prayer for bail He however is not in a position to dispute the submission of the Patna High Court CR. APPNo.23321 dt.15 07 2021 appellant’s counsel that the case of the appellant is based on priority with other co accused persons 7 In my opinion in view of nature of accusation in the FIR and submission of parties a case for grant of regular bail is made out. The impugned order dated 21.02.2021 requires interference by this Court which is accordingly set aside 8 This appeal is allowed. The impugned order dated 21.02.2021 passed by Additional Sessions Judge I cum Special Judge Biharsharif in connection with Khudaganj PS Case No 720 is set aside 9 Let the appellant above named be released on bail on his furnishing bonds of Rs 10 000 with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I cum Special Judge Biharsharif in Khudaganj PS Case No 77 of 2020 subject to the following 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 Patna High Court CR. APPNo.23321 dt.15 07 2021 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 (Madhuresh Prasad J NAFR NA

Summary: The additional sessions judge refused the prayer of the appellant for regular bail as the appellant was convicted under Sections 302 Indian Penal Code, “Punishment for murder, whoever commits murder shall be punished with death, imprisonment for life, and shall also be liable to fine.” Section 34 of the Indian Penal Code, “Acts done by several persons in furtherance of common intention.” And Sections 3 (i) (r) (s) of SC/ST Act (Punishments for offenses of atrocities) in connection with PS Case No 77 of 2020. Therefore, an appeal under Section 14 – A (2) of Scheduled Castes and Scheduled Tribes act, “Special Court, for the purpose of providing for speedy trial under this Act” was presented by the appellant in the high court. This judgment was given in the high court of Judicature at Patna by Honorable Mr. Justice Madhuesh Prasad on the 15th of July 2021 in the case of Ajay Yadav v/s the state of Bihar criminal appeal No 2331 of 2021, Mr. Anil Kumar represented as the advocate for the petitioner and Mr. Sadanand Paswan represented the state of Bihar as the special public prosecutor. The proceedings of the court were held through video conferencing The following are the facts of the case, The informant lodged an FIR after she recovered the dead body of her husband from the river, she raised suspicion against the appellant and others of the crime of killing her husband because earlier that day the husband of the informant and the appellant has an altercation and, in the evening when the husband left home, he did not return. However the counsel for the appellant submitted that this case is based on suspicion and no proper evidence, the co-accused has also been released on bail by the lower courts, the appellant has no previous criminal antecedent and the appellant has been held in custody since 9th December 2020. The special public prosecution raised his objection against the prayer for bail  The court held that regarding the nature of accusation and submission of reports regular bail under section 439 Cr.P.C. was allowed and the impugned order on 21st February 2021 was set aside