Ram Naresh Ram @ Ram Naresh Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2601 of 2021 Arising Out of PS. Case No.-225 Year-2020 Thana- PATAHI District- East Champaran ====================================================== RAM NARESH RAM @ RAM NARESH JI S/o Late Rajendra Ram R/o village- Barna Bas Ghat, P.S.- Baruraj, District- Muzaffarpur ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Sharda Nand Mishra For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2022 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

Learned counsel for the appellant undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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 for anticipatory bail vide order dated 15.03.2021 passed by learned 1st Additional Sessions Judge cum Special Judge (SC/ST Act), East

Patna High Court CR. APP (SJ) No.2601 of 2021(3) dt.28-06-2022 2/3 Champaran, Motihari in connection with Patahi P.S. Case No. 225/2020 registered under Sections 302 & 201/34 of the Indian Penal Code and Section 3(1) (x) (v) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The allegation against this appellant is that he in association of other co-accused is said to have committed the murder of son of the informant.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. Appellant is the proprietor of the dance party. It is further submitted that informant also belongs to SC/ST community, hence no offence is made out under SC/ST Act. There is no eye witness of the occurrence. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent.

Learned counsel for the informant and learned Spl. PP for the State opposed the prayer for bail submitting that the allegation against the appellant is serious in nature, hence he does not deserve anticipatory bail.

In the facts and circumstances of the case, I am

Patna High Court CR. APP (SJ) No.2601 of 2021(3) dt.28-06-2022 3/3 not inclined to enlarge the appellant on anticipatory bail. The prayer for anticipatory bail is hereby rejected. Accordingly, this appeal is dismissed.

(Anjani Kumar Sharan, J) Trivedi/- U T