Ankit Kumar Singh @ Ankit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1595 of 2025 Arising Out of PS. Case No.-462 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== Ankit Kumar Singh @ Ankit Singh S/o- Govind Singh @ Yogendra Singh Resident of village- Sapan Vigrah, P.S.- Daraunda, Distt.- Siwan ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Sushil Kumar Paswan S/o- Bharat Manjhi R/o- Sherpur Ps- Daraunda DistSaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Dewanand Tiwari, Adv.
Mr. Amresh Kumar Sinha, Adv.
For the Respondent/s :
Mr. Binay Krishna, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2025 Heard learned counsel for the appellant and 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, 1989 against the rejection of prayer for bail vide order dated 19.02.2025 passed by the learned court of Additional Session Judge-Ist-cum-Special Judge, SC/ST (POA) Act, Siwan in connection with Maharajganj P.S. Case No. 462 of 2024 dated 05.10.2024 registered for the offence/s punishable u/ss 126(2), 103(1), 61(2) read with Section 3(5) of the B.N.S., section 27 of the Arms Act and sections 3(1)(r)(s) / 3(2)(va) of the SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.1595 of 2025(3) dt.07-08-2025 2/3
3. As per the prosecution case, when the informant's father was going to the market, in the meantime, the appellant and the co-accused persons fired on him indiscriminately due to that he died on the spot. It is further alleged that the appellant in connivance with the other co-accused persons killed his father under conspiracy.
4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence no case is made out under section SC/ST Act. It is further submitted that there is general and omnibus allegation against the appellant. The appellant has ten criminal antecedents as stated in para 3 of the bail petition. The appellant is in custody since 24.01.2025.
5. Learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellant and submitted that the specific allegation of firing indiscriminately on the informant's husband is against the appellant and co-accused Dhiraj Kumar Singh and Shivam Kumar Singh. It is further submitted that as
Patna High Court CR. APP (SJ) No.1595 of 2025(3) dt.07-08-2025 3/3 per the post-mortem report of the deceased, the cause of death is due to haemorrhage and shock due to ante-mortem injury caused by firarm (gunshot).
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the appellant, I am not inclined to set aside the impugned order dated 19.02.2025 passed by the learned court of Additional Session Judge-Ist-cum-Special Judge, SC/ST (POA) Act, Siwan in connection with Maharajganj P.S. Case No. 462 of 2024 and accordingly, the prayer for bail of the appellant is rejected.
7. Learned court below is directed to conclude the trial of the appellant at the earliest.
(Chandra Prakash Singh, J) shivam/- U T