IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.320 of 2021

Arising Out of PS. Case No.-188 Year-2020 Thana- KHODAWANDPUR District- Begusarai

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MD. MATIN Son of Md. Sadrul @ Sadrul Resident of Village- Sirsi, Ward

No.08, P.S.- Khodawandpur, Distt- Gegusarai

... ... Appellant

Versus

The State of Bihar

... ... Respondent

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Appearance :

For the Appellant/s

:

Mr. Sandip Kumar Gautam, Advocate

For the Respondent/s

:

Mr. Binay Krishna, Spl. PP

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

2

09-03-2021

Learned counsel for the appellant undertakes to

remove all the defects as pointed out by office within four

weeks after start of normal functioning of the Court.

Heard learned counsel for the appellant and learned

Spl. P.P. for the State.

The appellant in the present case is seeking to set

aside the order dated 21.10.2020 passed by learned Special

Judge SC/ST, (Prevention of Atrocities Act), Begusarai in

connection with Khodwandpur P.S. Case No. 188 of 2020

registered for the offences punishable under Sections 147, 148,

323, 307, 354(B), 379, 504, 506, 324 and 325 of the Indian

Penal Code and Sections 3 (i) (r) (s), (w), 3 (2) (v) (va) of the

SC/ST (Tribe Prevention of Atrocities) Act.

Learned counsel for the appellant submits that as per

Patna High Court CR. APP (SJ) No.320 of 2021(2) dt.09-03-2021

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the prosecution story the appellant and other co-accused came at

the house of the informant and started abusing the informant.

The informant and others were hit by the other co-accused and

they sustained injury. Allegation against this appellant is that he

had tried to disrobe Heera Devi by pulling her petticoat.

Learned counsel for the appellant submits that the

appellant is innocent and has been falsely implicated in this case

due to old land dispute. Learned counsel submits that there is no

specific allegation of assault against this appellant. Learned

counsel submits that appellant has got no criminal antecedent

and he is in custody since 16.09.2020.

Mr. Binay Krishna, Spl. P.P. for the State is present

and has opposed the prayer for regular bail of the appellant.

Having regard to the facts and circumstances of the

case, wherein it is the submission of the learned counsel for the

appellant that the appellant has been falsely implicated in this

case on account of an old land dispute, there is no specific

allegation of causing assault against this appellant and the

allegation that he had pulled the petticoat of the informant is

only a concocted story without there being any substance in

that, there is also a counter case as contained in Annexure ‘2’ to

the present application, the appellant has no criminal antecedent

Patna High Court CR. APP (SJ) No.320 of 2021(2) dt.09-03-2021

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and has remained in jail in connection with the present case

since 16.09.2020, investigation against him is complete and

there is no submission on behalf of the State that his release at

this stage is likely to result in tampering with evidence or

interfering with the course of trial, the impugned order is hereby

set aside.

Let the appellant be released on bail on furnishing bail

bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with

two sureties of the like amount each to the satisfaction of

learned Special Judge SC/ST, (Prevention of Atrocities Act),

Begusarai in connection with Khodwandpur P.S. Case No. 188

of 2020, subject to the condition as laid down under Section 437

(3) Cr.P.C. as under :

(a) that such person shall attend in accordance with

the conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence

similar to the offence of which he is accused, or suspected, of

the commission of which he is suspected, and

(c) that such person shall not directly