Dinesh Kumar @ Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1273 of 2025 Arising Out of PS. Case No.-267 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Dinesh Kumar @ Dinesh Mahto Son Of Suresh Mahto Resident Of VillageMeerapur, Ps -Sakra, District- Muzaffarpur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mahesri Devi wife of Late Shivji Ram village- Pilkhi Tole, Ward no. 6, Jurawan patte, Ps- Sakra, Dist- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Anirudh Kumar Sinha, Advocate For the Respondent/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2.

The instant appeal has been filed by the appellant against the order dated 10-01-2025 passed by learned Special Judge, SC/ST (PoA) Act, Muzaffarpur whereby the prayer for bail of the appellant in connection with Sakra PS Case No. 267 of 2024 instituted under Sections 302 & 201 of the Indian Penal Code and Sections 3(2)(va) & 3(5) of SC/ST Act was rejected. 3.

Prosecution case, in short, is that on 16.05.2024, one Shivji Ram left home after receiving a call and did not return; the next morning, his dead body was found in a bush

Patna High Court CR. APP (SJ) No.1273 of 2025(3) dt.15-05-2025 2/3 near Jahagirpur, Bankatve, suggesting it was moved from another location.

4.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Appellant is not named in the FIR. The name of the appellant has transpired on the basis of confessional statement of coaccused, namely, Manoj Kumar, who has allegedly confessed that he along with his associates including the appellant committed murder of Shivji Ram. No specific role is assigned to the appellant in the alleged occurrence, which falsifies the prosecution version. Nothing incriminating has been recovered from the possession of the appellant. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 04-07-2024 and has one criminal antecedent.

5.

Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the petitioner. Other witnesses have supported the prosecution case,

Patna High Court CR. APP (SJ) No.1273 of 2025(3) dt.15-05-2025 3/3 which fact is mentioned at paragraph Nos. 6, 7 & 8 of the case diary. As per postmortem report, cause of death is asphyxia as a result of pressure over neck. Charge sheet is submitted in this case. It is fervently submitted that appellant has confessed his guilt.

6.

Considering the aforesaid facts and circumstances of the case, there being enough material on record to show the complicity of the appellant in the alleged occurrence, this Court is not inclined to allow the appeal. Appeal is, accordingly, dismissed.

7.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T