Manauwar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1632 of 2020 Arising Out of PS. Case No.-24 Year-2016 Thana- IMAMGANJ District- Gaya ====================================================== MANAUWAR KHAN Son of Nooruddin Haidar Khan Resident of VillageKadiraganj, Police Station- Imamganj, District- Gaya. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Manish Kumar No.2, Adv.

For the Respondent/s :

Mr.Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2020 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed challenging an order dated 09.06.2020, passed by learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Imamganj P.S. Case No. 24 of 2016, registered for the offence punishable under Sections 302, 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the SC/ST Act, whereby the appellant's prayer for grant of regular bail has been rejected.

The deceased was a member of Scheduled Caste. The occurrence is said to have taken place near a community centre which was under construction. It is alleged by the informant that

Patna High Court CR. APP (SJ) No.1632 of 2020(4) dt.05-12-2020 2/2 the miscreants had murdered the deceased with the use of firearm. It is disclosed in the FIR that the occurrence was witnessed by the labourers engaged in construction work in the community centre.

I have perused the case diary, from which it transpires that there are eye witnesses who have fully supported the case of the prosecution and there is direct allegation against the appellant of having shot at the deceased.

Considering the gravity of the offence, I do not find any illegality in the impugned order, whereby the appellant's bail application has been rejected by the court below. This appeal is accordingly dismissed.

It is directed that defects in the application pointed out by the Registry must be removed within two months from today. (Chakradhari Sharan Singh, J) Rajesh/- U T