Justice Arun Kumar Jha of Patna High Court sets aside the order of Additional Sessions Judge-1st -cum- Special Judge, SC/ST (POA) Act, Buxar upon hearing 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 September 16, 2022 passed by the Additional Sessions Judge-1st -cum- Special Judge, SC/ST (POA) Act, Buxar in connection with Dumraon P.S. Case No. 146 of 2022. The case pertained to offences under Sections 394 and 302 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes Act. The judgement was delivered in Din Bandhu Singh v. State of Bihar.
As per the prosecution case, a loot was committed on a petrol pump and the unknown miscreants looted Rs.5,14,000/-from the said petrol pump and the Manager was shot at, who, succumbed to his injury. The name of the appellant transpired during investigation as one of the accused persons also involved in the alleged occurrence.
The appellant's counsel submitted that the appellant is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused Umesh Singh. Otherwise, nothing material has come up against the appellant and the charge sheet has been submitted. The appellant is in custody since 17.08.2022 and he has got clean antecedent. He submitted that co-accused persons have been granted bail vide Criminal Appeal (SJ) No. 2910 of 2022 and Criminal Appeal (SJ) 3757 of 2022 by a common judgement dated 15.12.2022. The case of the appellant is similar to that of them. This submission was opposed wherein it was submitted that the appellant was named by co-accused persons for his involvement regarding providing vehicle to the miscreants, who committed the offence at the petrol pump and he also received Rs. 5,000/- of the allotted amount.
Taking note of the fact that the name of the appellant came up only in the confessional statement of co-accused and no recovery has been shown from the appellant and also considering the grant of bail to the co-accused persons and submission of charge sheet, the Court issued a direction granting bail to the appellant on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1st -cum- Special Judge, SC/ST (POA) Act and Children Court, Buxar in connection with Dumraon P.S. Case No. 146 of 2022. It laid down the following conditions mentioned in Section 437(3) of the Code of Criminal Procedure:
(i) One of the bailors will be a close relative of the appellant, preferably one of the parents.
(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.
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