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Patna High CourtCR. APP (SJ)/994/2023dismissed

Amarjeet Brijnandan Singh @ Amarjeet Kumar Singh @ Amarjeet v. The State Of Bihar

2023-07-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.994 of 2023 Arising Out of PS. Case No.-142 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== AMARJEET BRIJNANDAN SINGH @ AMARJEET KUMAR SINGH @ AMARJEET Son of Late Brajnandan Singh Resident of Village - Chakhaji, P.S.- Muffasil, District - Samastipur.

... ... Appellant.

Versus

1.

The State of Bihar 2.

Amrita Devi Wife of Chandan Ram Resident of Village - Raghunathpur, P.S.- Muffasil, District - Samastipur.

... ... Respondents.

====================================================== Appearance :

For the Appellant/s :

Mr. Deepak Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2023 Re.: I.A. No.1 of 2023 Appellant has filed the aforesaid interlocutory application for condoning the delay of 56 days in preferring this appeal.

Having regard to facts and circumstances of the case and the averments made in petition, finding sufficient cause for condonation of delay for the end of substantial justice, the delay in preferring the appeal is condoned. I.A. is accordingly allowed.

CRIMINAL APPEAL (SJ) No.994 of 2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Patna High Court CR. APP (SJ) No.994 of 2023(3) dt.05-07-2023 2/3 This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 19.09.2022 passed by learned Special Judge (SC/ST Act), Samastipur in connection with Complaint Case No. 142 of 2019 registered under Sections 323, 354B, 379, 427 & 504 of the Indian Penal Code and Section 3(1) (r) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

This is the second attempt of the appellant to move before this Court for grant of anticipatory bail. Earlier vide order dated 04.01.2023 passed in Cr. Appeal (SJ) No.3923 of 2022, the prayer for bail of the appellant along with other appellants, after some arguments, on the request of learned counsel for the appellants, was dismissed as withdrawn and the appellants were directed to surrender before the learned Court below within six weeks and to seek the regular bail. Considering the fact that vide order dated 04.01.2023, prayer for grant of anticipatory bail to the appellant along with other appellants was permitted to be withdrawn in Cr. Appeal (SJ) No.3923 of 2022 and the appellant has not

Patna High Court CR. APP (SJ) No.994 of 2023(3) dt.05-07-2023 3/3 surrendered before the learned Court below, as directed by this Court, I am not inclined to entertain his prayer once again. Accordingly, the instant appeal is dismissed. (Anjani Kumar Sharan, J) Trivedi/- U T