Gautam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2566 of 2018 Arising Out of PS. Case No.-677 Year-2015 Thana- LAKHISARAI District- Lakhisarai ====================================================== Gautam Singh Son of Shri Shankar Singh, resident of Village- Patner, P.O. P.S. and District- Lakhisarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Arvind Kumar, Adv.

For the Respondent/s :

Mr.Binay Krishna (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the parties.

This is an appeal under Section 14(A) (2) of SC & ST (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 24.03.2018 passed by learned Additional Sessions Judge-1, Lakhisarai, in connection with S.C./S.T. Case No. No. 252 of 2017 arising out of Lakhisarai P.S. Case No. 677 of 2015, (G.R. No. 1673 of 2015 registered under Sections 307, 324 and 302 of the Indian Penal Code, Section 27 of Arms Act and Sections 3(2)(v)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Informant has alleged that while he was going to natural call, in the meantime, he saw that appellant was abusing all the scheduled caste and scheduled tribes members in the

Patna High Court CR. APP (SJ) No.2566 of 2018(7) dt.21-01-2019 2/2 name of their caste. When the informant asked the reasons then the appellant made firing, as a result of which the informant sustained fire arm injury in his stomach and fell down thereafter he was taken to hospital for treatment and during the course of treatment he died.

It has been submitted on behalf of the appellant that he is innocent and has committed no offence. He has been falsely implicated in this case due to enmity. There is general and omnibus allegations against appellant.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. Hence, the prayer for bail is refused.

Accordingly, the appeal stands rejected.

(S. Kumar, J) Rajiv/- U T