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Patna High CourtCR. APP (SJ)/1358/2024disposed

Pintu Singh v. The State Of Bihar

2024-08-22Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1358 of 2024 Arising Out of PS. Case No.-131 Year-2023 Thana- SAHJAHANPUR District- Patna ====================================================== Pintu Singh Son of Dinesh Singh @ Deni Singhd @ Ram Deni Singh Resident of Village- Erai Dih, P.S.- Shahjahanpur, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Reman Devi Das Son of Nathun Ravidas Resident of Village- Chhitar Bigaha, P.S.- Karai Pashurai, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Amar Nath Yadav For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-08-2024 Heard learned counsel for the appellant as well as learned counsel for the informant.

2. This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 03.02.2024 passed by the learned Exclusive Special Court, SC/ST, Patna in connection with Shahjahanpur P.S. Case No. 131 of 2023 registered for the offences punishable under Sections 341, 326 and 307 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(i)(r) (s) and 3 (2) (v) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for bail of the appellant has been rejected.

3. As per allegation, the appellant in drunken condition asked the informant to stop and thereafter, he started firing hither and

Patna High Court CR. APP (SJ) No.1358 of 2024(5) dt.22-08-2024 2/2 thither and one of the shots hit the informant and he became badly injured.

4. Learned counsel for the appellant has submitted that the appellant is innocent and has falsely been implicated in this case. Nothing was recovered from possession of the appellant. The appellant is under custody since 19.12.2023.

5. It appears that after framing of the charges, three witnesses have been examined and the fourth witnesses, the investigating officer, has also been partly examined and crossexamined.

6. Considering the above-mentioned facts and circumstances, the bail petition of the appellant is disposed of with the observation that, if the trial is not concluded within a period of two months, the learned court below shall consider the bail application of the appellant.

(Nawneet Kumar Pandey, J) Nirmal/- U T