Shyam Kumar @ Shamu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 3569 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- RAMPUR District- Gaya ====================================================== SHYAM KUMAR @ SHAMU YADAV S/o LATE SATYENDRA PRASAD YADAV @ SACHU YADAV R/o VILLAGE-MUSTAFABAD, WARD No. 30, P.S-RAMPUR, DISTRICT-GAYA.
... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr Ramakant Sharma, Sr Advocate with Mr Lakshmi Kant Sharma, Advocate For the S t a t e :
Mr Sadanand Paswan, Special PP For the I n f o r m a n t :
Mr Sanjay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 21-10-2021 Heard learned senior counsel for the appellant; learned Special Public Prosecutor (for brevity, Special PP) appearing for the State of Bihar assisted by the learned counsel for the informant .
2 The appellant has preferred the present Appeal under Section 14 - A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for brevity, SC/ST Act) against the refusal of his prayer for regular bail vide order dated 02.08.2021 passed in Bail Petition (for brevity, BP) No 266 of 2021 by Special Judge, SC/ST Act, Gaya in a case registered under Sections 341, 323, 307, 386 of
Patna High Court CR. APP (SJ) No.3569 of 2021 dt.21-10-2021 2/3 Indian Penal Code, Section 27 of Arms Act and Sections 3 (i) (r) (s), 3 (2-v) of SC/ST Act arising out of Rampur Police Station (for brevity, PS) Case No 53 of 2021 dated 17.02.2021. 3 The prosecution case is that for non-fulfillment of some extortion amount, it is alleged that the instant appellant has obstructed the construction work at the informant's site and fired upon him causing firearm injury on his neck. 4 Learned senior counsel for the appellant submits that due to 18 criminal antecedents, the appellant has been dragged in this case. It is a case of false implication. 5 Learned counsel for the informant and learned Special PP have submitted that the firearm injury stands corroborated in the course of investigation. Fired cartridge was also found at the place of occurrence.
6 In my opinion, in view of nature of accusation in the First Information Report, keeping the criminal antecedents of the petitioner at the background, period of custody of the petitioner since 23.02.2021, a case for grant of regular bail is not made out. The impugned order dated 02.08.2021 passed in BP No 266 of 2021 does not require interference by this Court, which is, accordingly, affirmed. 7 This appeal is dismissed. The impugned order
Patna High Court CR. APP (SJ) No.3569 of 2021 dt.21-10-2021 3/3 dated 02.08.2021 passed by Special Judge, SC/ST Act, Gaya in B P No 266 of 2021 arising out of Rampur PS Case No 53 of 2021 dated 17.02.2021 is affirmed.
8 Prayer for bail of the appellant is rejected for the present.
(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.10.2021 Transmission Date 25.10.2021