Md Raju vs The State Of Bihar
2021 Latest Caselaw 4735 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL APPEAL (SJ) No 1703 of 2021
  Arising Out of PS. Case No.-261 Year-2020 Thana- KHAJANCHI HAT District- Purnia
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MD RAJU SON OF LATE NIZAM R/O- NEW SIPAHI TOLA, MARANGA ROAD, MATA CHAUK, P.S.- K. HAT, DISTRICT- PURNEA.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr Raj Kumar, Advocate For the S t a t e : Ms Usha Kumari I, Special PP For the I n f o r m a n t : Mr Amit Kumar Anand, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 20-09-2021

This case has been listed today for consideration

through Video Conferencing.

2 Heard learned counsel for the appellant, learned

counsel for the informant as well as the learned Special Public

Prosecutor (for brevity, Special PP) appearing for the State of

Bihar.

3 The appellant has preferred the present Appeal

under Section 14 - A (2) of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 (for brevity, SC/ST

Act) against the refusal of his prayer for regular bail vide order

dated 23.12.2020 passed by Additional Sessions Judge I -cum- Patna High Court CR. APP (SJ) No.1703 of 2021 dt.20-09-2021

Special Judge, SC/ST Act, Purnea in a case registered under

Sections 147, 148, 149, 341, 323, 302, 506 of Indian Penal

Code and Sections 3 (2) (V) of SC/ST Act in connection with

Special (SC/ST) Case No 72 of 2020/CIS No 72 of 2020

arising out of K Hat Police Station (for brevity, PS) Case No

261 of 2020.

4 The prosecution case is that for making a demand

in respect of some dues from the accused persons, informant's

son has brutally been assaulted in his shop and killed by

hanging.

5 Learned counsel for the appellant submits that

several persons have been implicated by general and omnibus

allegation. The appellant has no criminal antecedent. The

informant's version is not as an eye witness. There are no

other injuries in the post mortem report except strangulation.

6 Learned counsel for the informant and learned

Special PP have submitted that in paragraph 74 of case diary,

independent witness has stated regarding witnessing the

assault perpetrated by all these accused persons. Similarly

situated co-accused Md Chand had moved this Court for

grant of bail in Cr Appeal (SJ) No 1568 of 2021. The same

has been rejected.

Patna High Court CR. APP (SJ) No.1703 of 2021 dt.20-09-2021

7 In my opinion, in view of nature of accusation

in the First Information Report, and submission of parties, a

case for grant of regular bail is not made out. The impugned

order dated 23.12.2020 does not require interference by this

Court, which is, accordingly, affirmed.

8 This appeal is dismissed. The impugned order

dated 23.12.2020 passed by Additional Sessions Judge I

-cum- Special Judge, SC/ST Act, Purnea in connection with

Special (SC/ST) Case No 72 of 2020/CIS No 72 of 2020

arising out of K Hat PS Case No 261 of 2020 is affirmed.

9 Prayer for bail of the appellant is rejected for

the present.

(Madhuresh Prasad, J) M.E.H./-

AFR/NAFR                  NAFR
CAV DATE                    NA
Uploading Date          21.09.2021
Transmission Date       21.09.2021