Hare Ram Pauddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1629 of 2024 Arising Out of PS. Case No.-451 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Hare Ram Pauddar S/o Late Rameshwar Pauddar R/o vill - Rajani, P.S. - Murliganj, Distt. - Madhepura ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Ranju Devi W/o Late Rajesh Hansda R/o vill - Rajani, P.S. - Murliganj, Distt. - Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sada Nand Roy, Adv.

For the Informant :

Mr.Rajesh Ranjan, Adv.

For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2024 Heard learned counsel for the appellant and learned counsel for the informant as well as learned Special Public Prosecutor for the State.

2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the rejection of prayer for anticipatory bail vide order dated 05.03.2024 passed by the learned Additional Sessions Judge-cum-Special Judge SC/ST (PoA) Act, Madhepura in A.B.P. No. 221 of 2024 arising out of Murliganj P.S. Case No. 451 of 2023 dated 24.10.2023 registered for the offence/s punishable u/ss 302, 120(B)/34 of the Indian Penal Code, 27 of the Arms Act and 3(2) (v) of the

Patna High Court CR. APP (SJ) No.1629 of 2024(3) dt.09-08-2024 2/3 SC/ST (POA) Act.

3. As per the prosecution case, the appellant and the co-accused persons are alleged to have fired on the informant's husband and fled away. Thereafter, the injured were taken to hospital where the doctor declared him dead.

4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to land dispute. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. Learned counsel has further submitted that no specific caste name has been called by the appellant hence no case is made out under section SC/ST Act. There is general and omnibus allegation against the appellant. The appellant has no no criminal antecedent as stated at para 3 of the bail petition.

5. Learned counsel for the informant as well as learned Spl. P.P. for the State has vehemently opposed the anticipatory bail petition of the appellant and submitted that the Postmortem report supports the prosecution and the cause of death is Cardio-respiratory arrest due to hemorrhage of gun shot. There is direct allegation against the appellant and the accused persons Ashok Das and Vishwajit Kumar of firing on the informant's husband who died while being taken to the

Patna High Court CR. APP (SJ) No.1629 of 2024(3) dt.09-08-2024 3/3 hospital.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the appellant, I am not inclined to set aside the impugned order dated 05.03.2024 passed by Additional Sessions Judge-cum-Special Judge SC/ST (PoA) Act, Madhepura in A.B.P. No. 221 of 2024 arising out of Murliganj P.S. Case No. 451 of 2023, with direction to the appellant to surrender before the Court below concerned within a period of six weeks from the date of this order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

7. Accordingly, the appeal stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T