ROHIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide order dtd. 12/4/2023, the informant/ respondent no.2 was ordered to be intimated through the Superintendent of Police of the concerned district about the proceeding taking place in this Court and learned Spl.P.P was directed to do the needful in this regard. On the last date of hearing, learned Spl.P.P. submitted that though the informant was intimated through the Superintendent of Police of the concerned district but probably due to short adjournment, the informant could not appear. Today, there is no representation on behalf of the informant/respondent no.2. Hence, the matter has been put up for hearing.

(2.) Heard learned counsel for the appellant and learned Spl.PP for the State. This is an appeal under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dtd. 5/9/2022 passed by the learned 1st Additional Sessions Judge, Aurangabad in connection with Madanpur P.S. Case No. 256 of 2022, registered for the alleged offences under Ss. 272, 273, 304 and 120(B) of the Indian Penal Code and Ss. 3 (1)(a) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (POA) Act. As per prosecution case, allegation against the petitioner and other co-accused persons is that they used to prepare spurious liquor and further used to supply it to the villagers and neighbouring people. The husband of the informant died after consuming such spurious liquor. A number of persons had also fallen seriously ill after consuming such spurious liquor.

(3.) The learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case as the informant herself is hearsay witness. Only on the basis of vague allegation, the appellant has been made accused in this case. Otherwise there is no cogent or legal evidence against the appellant which can connect him to the alleged offence. A number of FIR named co-accused persons have been granted bail by different Coordinate Benches of this Court vide orders dtd. 20/4/2023, 7/4/2023, 19/1/2023, 23/3/2023, 9/2/2023 and 23/3/2023 passed in Cr. Appeal (SJ)Nos. 3780 of 2022, 3291 of 2022, 3224 of 2022, 3937 of 2022, 4224 of 2022 and 3202 of 2022, respectively. The appellant is in custody since 22/8/2022 and the charge sheet in this case has been submitted. The learned counsel further submits that though the appellant is having criminal antecedent of similar nature, he is enjoying the privilege of bail in all these cases. Learned Spl.PP opposes the prayer for bail submitting that the appellant is a member of gang involved in manufacturing and selling of spurious liquor.