Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2333 of 2024 Arising Out of PS. Case No.-510 Year-2020 Thana- MASHRAK District- Saran ====================================================== Harendra Kumar Son of Late Saryug Prasad Sinha Resident of Village - Nawada, P.S.- Chandi, District- Nalanda.

... ... Appellant/s

Versus

1.

The State of Bihar BIHAR 2.

Jaymangal Paswan Not mentioned Resident of Village - Fakara Banch, P.S.- Sonepur, District- Saran. Presented deputed at Mashrakh, P.S.- as Home guard ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Nalin Kumar For the Respondent/s :

Mrs. Usha Kumari 1 Mr. Ajay Kumar Singh No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the appellant, learned counsel for the respondent no.2 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 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 02.05.2024 passed by learned Exclusive Special Judge (SC/ST Act), Saran in connection with Mashrakh P.S. Case No.510 of 2020, registered under Sections 341, 307, 504 of the Indian Penal Code, Section 27 of Arms Act and Section 3(i) (r)/2 (va) of the Scheduled

Patna High Court CR. APP (SJ) No.2333 of 2024(3) dt.26-07-2024 2/3 Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.

As per the FIR, the appellant abused the informant by taking his caste name and when the informant opposed then the appellant opened fire by means of fire arm.

4.

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. There is no specific overt act against the appellant. The injuries are of simple nature. Appellant has no criminal antecedent.

5.

Learned Spl. PP for the State as well as learned counsel for the respondent no.2 opposed the prayer for bail. 6.

In the facts and circumstances of the case and from the perusal of the records, it appears that the anticipatory bail application of the appellant was rejected by this Court on 15.01.2023 vide Cr. App. (SJ) No.1172 of 2021 with a direction to the appellant to surrender before the learned Court below within a period of six weeks. The appellant went to surrender before the Court below on 18.04.2024 i.e. after a delay of one year and two months, as such, I am not inclined to enlarge the appellant on bail. The prayer for bail is hereby rejected. 7.

Accordingly, this appeal is dismissed.

8.

However, the appellant would be at liberty to renew his

Patna High Court CR. APP (SJ) No.2333 of 2024(3) dt.26-07-2024 3/3 prayer for bail after framing of charge.

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