Chandan Kumar @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.208 of 2023 In CRIMINAL MISCELLANEOUS No.59261 of 2022 Arising Out of PS. Case No.-172 Year-2020 Thana- JAMUI District- Jamui ====================================================== CHANDAN KUMAR @ CHANDAN SINGH Son of Satya Narayan Singh Resident of Village - Lakhanpur, P.O.- Gopalpur, P.S. and District - Jamui. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Satya Ranjan Sinha For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2023 I.A. No.01 of 2023 has been filed for condonation of delay of four months in filing the instant appeal. For the reasons stated in I.A. No.01 of 2023, the delay of four months in filing the instant appeal is hereby condoned. I.A. No.01 of 2023 is allowed.

Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

In view of the earlier order dated 19.04.2023, the informant was informed about his appearance in this case by the learned Special P.P. for the State, but nobody has entered appearance on his behalf.

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.208 of 2023(5) dt.21-06-2023 2/3 Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 07.07.2022, passed by learned A.D.J.-I, Jamui in connection with Jamui P.S. Case No.172 of 2020, registered under Sections 147, 148, 149, 302, 307, 504 and 506 of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act.

Accusation against the appellant and other co-accused persons is of killing the father of the informant. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. It is submitted that the appellant has got no criminal antecedent as stated in paragraph-3 of the memo of appeal. It is further submitted that allegation made against the appellant is totally false and concocted. It is submitted that the appellant is working in CRPF and he was not present at the place of occurrence, in support of which he annexed Identity Card and railway ticket of the appellant as Annexure-2 to the memo of appeal.

Learned Special P.P. for the State opposed the prayer for grant of anticipatory bail to the appellant. Taking into consideration the facts aforesaid, I am not inclined to enlarge the appellant on anticipatory bail.

Patna High Court CR. APP (SJ) No.208 of 2023(5) dt.21-06-2023 3/3 Accordingly, the prayer for grant of anticipatory bail to the appellant is hereby rejected.

However, if appellant surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the appellant preferably on the same day without being prejudiced by this order considering the fact that appellant is working in CRPF.

(Anjani Kumar Sharan, J) S.KUMAR/- U T