Ghanshyam Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1561 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== Ghanshyam Chauhan Son of Suresh Chauhan @ Petu Chauhan, Resident of Village- Laxmipur, Police Station- Ariyari, District- Sheikhpura. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bipin Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-06-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 29.03.2019 passed by learned 1st Addl. Sessions Judge, Sheikhpura in Ariyari (Kassar) P.S. Case No. 161 of 2018 initially registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and later on added Sections 302 of the Indian Penal Code and Section 3(ii)(va) 3(R)(S)(W) (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Over row of passing through passage for defecation

Patna High Court CR. APP (SJ) No.1561 of 2019(3) dt.25-06-2019 2/3 between brother-in-law of the informant and Ghanshyam Chauhan, said Ghanshyam Chauhan along with other accused persons descended at the house of the informant and Ghanshyam Chauhan stabbed knife in the stomach of her fatherin-law, resulting into his death. It is submitted by learned counsel for the appellant that appellant has no concern with the aforesaid occurrence. Appellant has been falsely implicated in this case due to dirty village politics. There was animosity between the parties. Appellant has no criminal antecedent and has been languishing in custody since 12.09.2018.

Learned Spl. PP for the State opposing the prayer of bail submitted that there is specific allegation of stabbing father-in-law of the informant by means of knife resulting into his death against the appellant, hence, he does not deserve bail. In the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. Accordingly, his prayer is rejected.

However, learned court below is directed to conclude the trial as expeditiously as possible preferably within six months from the date of receipt/production of a copy of this order and S.P. Sheikhpura is directed to ensure production of the

Patna High Court CR. APP (SJ) No.1561 of 2019(3) dt.25-06-2019 3/3 witnesses in the case on each and every date fixed without fail. Let a copy of this order be communicated to S.P. Sheikhpura by fax for needful.

Accordingly, this appeal is dismissed.

(Prakash Chandra Jaiswal, J) rohit/- U T