IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3610 of 2022

Arising Out of PS. Case No.-292 Year-2022 Thana- GOVINDGANJ District- East

Champaran

======================================================

1.

SURESH TIWARI, S/o Ramasray Tiwari @ Panda Tiwari Resident of

village- Janerawa, P.S.- Gobindganj, District- East Champaran

2.

KRISHNA TIWARI, S/o Suresh Tiwari Resident of village- Janerawa, P.S.-

Gobindganj, District- East Champaran

... ... Appellant/s

Versus

1.

The State of Bihar

2.

KANCHAN BHASKAR, S/o Not Known P.S.I.- Cum- Incharge of Areraj

O.P., P.S.- Govindganj, District- East Champaran (informant)

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr.Abhishek Kumar, Advocate

Mrs. Rashmi Jha, Advocate

Mr. Sharad Kumar Verma, Advocate

For the State

:

Mr.Usha Kumari 1, Spl. PP

======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

Date : 17-11-2022

Heard learned counsel for the appellants and learned

Special P.P. for the State.

In this case the informant is a police official and he is

duly represented by the Special P.P. who is appearing on behalf

of the State and hence, no need for issuance of any notice has

been felt.

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

Patna High Court CR. APP (SJ) No.3610 of 2022 dt.17-11-2022

2/5

Atrocities) Act, 1989 against the refusal of prayer for bail vide

order dated 24.08.2022 passed by the learned Special Judge,

SC/ST Act, East Champaran at Motihari in Trial No. 96 of 2022

arising out of Govindganj (Areraj) P.S. Case No. 292 of 2022

registered for the alleged offences under Sections 147, 148,

149, 341, 323, 307, 332, 333, 353, 354, 354(B), 427 and 120(B)

of the Indian Penal Code and Sections 3(1)(r)(s) of SC/ST

(Prevention of Atrocities) Act and 3(i) of the Prevention of

Damage to Public Property Act.

As per prosecution case, police reached the house of

the appellants for their arrest as they were accused in

Govindganj (Areraj) P.S. Case No. 245 of 2022. When the

police asked the appellants to open their house, they assaulted

the police party and tried to snatch their weapon. In this assault,

a number of police personnel received injuries. When the police

and other co-accused persons were arrested and were being

taken out, the co-accused persons resorted to brick batting

causing damage to the police jeep.

Learned counsel for the appellants submits that the

appellants are innocent and have been falsely implicated in this

case. There is a land dispute between the appellants and their

agnates who have lodged a number of cases against the

Patna High Court CR. APP (SJ) No.3610 of 2022 dt.17-11-2022

3/5

appellants and their family members. Learned counsel further

submits that dispute arose over a plot of land which was

purchased by the appellant no. 1 vide registered sale deed in the

name of his wife on 22.10.1997 and Jamabandi was created in

their favour and he also got issued the land possession

certificate. When the appellant started construction over the said

land, one of his agnates in connivance with the police started

making objections on the basis of forged sale deed. The learned

counsel further submits that since the police intervened in the

matter in a biased manner in favour of the agnates of the

appellants, the appellant Krishna Tiwary filed a complaint case

bearing Complaint Case No. 1144 of 2021 against some of the

police officials and a number of his agnates as no action was

being taken on complaints of the appellant. Since the son of the

appellant no. 1 has made complaint to