Gautam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No. 653 of 2022 Arising Out of PS. Case No.-677 Year-2015 Thana- LAKHISARAI District- Lakhisarai ====================================================== GAUTAM SINGH SON OF SHANKAR SINGH R/O VILLAGE- PATNER, P.O.- DIHRA, P.S.- TOWN THANA LAKHISARAI, DISTRICTLAKHISARAI ... ... Appellant/s
Versus
1.
THE STATE OF BIHAR.
2.
Gouri Devi Late Ashok Manjhi R/o Village-Patner, Mushari Tola, P.O.- Dihra, P.S.-Lakhisarai, District-Lakhisarai ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sabal Kumar Jha, Advocate For the Respondent/s :
Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-07-2022 Heard learned counsel for the parties.
This criminal appeal is filed against the order dated 23.12.2021 passed by learned court below in connection with S.C./S.T. Case No. No. 252 of 2017 arising out of Lakhisarai P.S. Case No. 677 of 2015, for the offence u/s. 307, 324 and 302 of the Indian Penal Code, Section 27 of Arms Act and Sections 3(2)(v)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by which court below has rejected the prayer for anticipatory bail of the appellant.
Patna High Court CR. APP (SJ) No. 653 of 2022(5) dt.20-07-2022 2/3 Informant has alleged that while he was going to natural call, in the meantime, he saw that appellant was abusing all the scheduled caste and scheduled tribes members in the name of their cast. When the informant asked the reasons then the appellant made firing, as a result of which the informant sustained fire arm injury in his stomach and fell down thereafter he was taken to hospital for treatment and during the course of treatment he died.
Earlier prayer for bail of the appellant has been rejected by this Court vide Cr. Appeal (SJ) dated 21.01.2019. It has been submitted on behalf of the appellant that he is innocent and has committed no offence. Vide order dated 22.06.2022, a report was called from the court court below with regard to stage of the trial. The report dated 04.07.2022 of the court below has come which is kept on record, in which, it has been stated that the case is running on final argument and this case is likely to be concluded within 1 1⁄2 (One and half month).
In view of above, I am not inclined to enlarge the appellant on bail, as the trial is on the verge completion. Hence, the prayer for bail of the appellant is hereby rejected. However, the court below is directed to conclude the
Patna High Court CR. APP (SJ) No. 653 of 2022(5) dt.20-07-2022 3/3 trial within one month from the date of receipt/production of a copy of order passed by this Court, if not already concluded. (S. Kumar, J) Rajiv/veenaU T