Patna High Court
Mahendra Chaudhary @ Karu ... vs The State Of Bihar on 16 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1956 of 2020
Arising Out of PS. Case No.-29 Year-2019 Thana- PAKARIBARAW District- Nawada
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MAHENDRA CHAUDHARY @ KARU CHAUDHARY S/o Late Jaladhari
Chaudhary Resident of Village- Beldhi, P.S.- Roh, District- Nawada.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Sheo Kumar Prasad, Advocate
For the Respondent/s : Mr Sadanand Paswan, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 16-03-2021
Heard learned counsel for the appellant and the
learned Special PP for the State.
2 The appellant has preferred the present Appeal
under Section 14 A (2) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Amendment Act, 1989 (for
brevity, SC/ST Act) against the refusal of his prayer for regular
bail in BP No 2825 of 2019 vide order dated 21.11.2019
passed by Additional Sessions Judge I -cum- Special Judge,
SC/ST Act, Nawada in a case registered under Sections 302,
201/34 of Indian Penal Code, Section 27 of Arms Act and
Sections 3 (ii) (v) of SC/ST Act in connection with Special
(SC) Case No 16 of 2019 arising out of Pakaribarawan Police
Station (for brevity, PS) Case No 29 of 2019.
3 The informant, on a tractor with two labourers
Tuntun Chaurasia and Sarjug Ram, reached in front of the
appellant's house, when they realized that the tractor load was
touching the overhead electric wire. Informant requested co-
accused Karu Choudhary and another person, who were
standing there, to help in lifting the overhead wire. Karu
Patna High Court CR. APP (SJ) No.1956 of 2020 dt.16-03-2021
Choudhary exhorted Babna where after both have surrounded
the tractor. Karu Choudhary was armed with pasuli and Babna
with a country made pistol. Babna is stated to have shot at
Sarjug Ram where after he fell. Both Karu Choudhary and
Babna, thereafter, have dragged Sarjug Ram towards the field.
Thereafter, the beheaded dead body of Sarjun Ram has been
recovered.
4 It is submitted by the appellant's counsel that the
appellant has falsely been implicated in this case. He has no
criminal antecedent. The specific assault, as per First
Information Report, is attributed against co-accused Karu
Choudhary and Babna. Appellant is also a member of the
Scheduled Caste. Hence, SC/ST Act would not be applicable.
There is old enmity between the parties.
5 Learned Special PP for the State has assisted the
Court based on the case diary which had earlier been
requisitioned and is before the Court today. It is submitted that
on confessional statement of appellant and co-accused, the
weapon used in killing, has been recovered. Material has
come that appellant has actively participated in killing and
beheading the victim.
6 Considering the rival submissions, I do not find it
a fit case for grant of bail. Prayer for bail is rejected.
7 This appeal is dismissed.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.03.2021
Transmission Date 18.03.2021
