Sujeet Singh @ Bullet @ Sumit Kumar ... vs The State Of Bihar
2022 Latest Caselaw 4564 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CRIMINAL APPEAL (SJ) No.1007 of 2022
       Arising Out of PS. Case No.-712 Year-2021 Thana- KAHALGAON District- Bhagalpur
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SUJEET SINGH @ BULLET @ SUMIT KUMAR SINGH Son ofAtul Kumar Singh @ Atul Prasad Singh Resident of Village - Dhanokhar, P.S. - Sanokhar, District - Bhagalpur.

... ... Appellant/s Versus

1. The State of Bihar

2. Baijnath Tanti Son of Late Baunki Tanti Resident of Village - Dhanokhar, P.S. - Sanokhar, District - Bhagalpur.

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

For the Appellant/s : Mr.Manish Kumar Singh, Advocate For the Respondent/s : Ms.Usha Kumari 1, APP Mr. PANKAJ KUMAR SINGH, APP Mr. ARVIND KUMAR SINHA, APP Mr. MUNISH KUMAR, APP For the Informant : Mr. Praveen Kumar, Advocate Mr. Ravi Prakash Diwvedi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 18-08-2022

Heard learned counsel for the appellant and learned

APP for the State.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from the date of

resumption of physical filing and physical removal of defect.

This is an appeal under Section 14(A)(2) of the

Scheduled Caste and Scheduled Tribes (Prevention of

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

order dated 10.02.2022 passed by the learned 3rd Additional

Sessions Judge-cum- Special Judge(SC/ST), Bhagalpur in Patna High Court CR. APP (SJ) No.1007 of 2022 dt.18-08-2022

Special SC/ST Case No. 168/2021, arising out of Kahalgaon

P.S. Case No. 712 of 2021 registered for the alleged offences

under Sections 147, 302 and 201 of the Indian Penal Code and

under Sections 3(i) (r) (s) and added under Sectiions 3(2) (v) of

the Scheduled Cast and Scheduled Tribes Act.

As per prosecution case, the son of the informant was

brutally assaulted by the appellant and other co-accused persons

and after killing him, they threw the dead body in a pond. Later

on, the dead body was taken out from the said pond.

Learned Senior counsel appearing on behalf of the

appellant submits that the FIR lodged by the informant is based

on hearsay as he was told about the occurrence by one

Chunmun Tanti and the said Chunmun Tanti was examined after

two months of the alleged occurrence. The allegations are not

specific against this appellant and only general and omnibus

allegations have been levelled against all the accused persons

named in the FIR. It is not alleged in the FIR that the assailants

were holding any type of weapon and only fists and legs have

been stated to be used during assault. Even the two friends of

the deceased have not made any specific allegation against the

appellant. Moreover, there were more than 200 persons present

there but none has come forward making any allegation against Patna High Court CR. APP (SJ) No.1007 of 2022 dt.18-08-2022

the appellant. Learned Senior counsel further submits that even

the statement of Chunmun Tanti which was recorded after two

months appears to have been made to support the prosecution

story. It has been tailored according to the post-mortem report

and for the first time, it has been stated in his statement that the

deceased was hit with butt of the gun. Thus, the learned Senior

counsel submits that there is no merit in the case against the

appellant. Charge sheet has been submitted in this case and the

appellant is in custody since 17.01.2022.

Learned counsel appearing on behalf of the informant

submits that there were two eye witnesses and both were the

friends of the deceased and their statements have been recorded

and the same are consistent that the allegation made in the FIR.

These witnesses have specifically stated about assault and

throwing of the dead body in the pond and post-mortem report

also supports the allegations and internal injuries were found on

dissection of the dead body and the injuries were stated to be

ante-mortem and grievous to life in ordinary course of nature

and caused by hard and blunt force. Learned counsel further

submits that the allegations against the appellant and other co-

accused are that of assaulting on the head and temple of the

deceased and post-mortem report also supports the allegation.

Patna High Court CR. APP (SJ) No.1007 of 2022 dt.18-08-2022

Furthermore, the eye witnesses have stated about throwing of

dead body in the pond from where it was recovered.

Perused the records.

Having regard to the facts and circumstances and

considering the allegation of assault against this appellant along

with other co-accused persons which resulted in the death of the

son of the informant and further considering the grave nature of

allegation, I am not inclined to enlarge the appellant on bail and

the prayer for bail on behalf of the appellant is rejected and

hence the impugned order requires no interference and the same

is sustained.

However, the learned Trial Court is directed to expedite

the trial and conclude the same within a period of nine months.

(Arun Kumar Jha, J) Gautam/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.08.2022
Transmission Date       23.08.2022