Ranjay Kumar @ Shani @ Sunny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2313 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ranjay Kumar @ Shani @ Sunny Son of Manoj Kumar Singh @ Manoj Singh R/V- Bhedia PS Abad (M) Distt.- Aurangabad At Present R/O- Bus Padao Harijan Toli Ward No 29 PS- Aurangabad Town Distt.- Aurangabad ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Vinay Paswan Son of Rajkumar Paswan Resident of Village- Basdih, P.s.- Tandwa, Distt.- Aurangabad ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ansul, Sr. Adv.
Mrs.Priyanka Singh For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2025 Heard learned counsel for the appellant and learned counsel for the respondent no. 2 as well as 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 29.05.2025 passed by the learned District and Additional sessions Judge 1st-cum Special Judge, SC/ST (POA) Act, Aurangabad in Aurangabad Town P.S. Case No. 177 of 2025 dated 15.03.2025 registered for the offence/s punishable u/ss 103(1), 351(2), 352 read with section 3(5) of the BNS and
Patna High Court CR. APP (SJ) No.2313 of 2025(4) dt.24-07-2025 2/3 sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST (POA) Act.
3. As per the prosecution case, when the informant's daughter and other children of his family members playing Holi, in the meantime, the appellant and the co-accused persons started abusing by calling their caste name. When the informant protested, the appellant ran over the children from his car with intention to kill and during the course of the treatment his daughter died.
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 SC/ST Act. The appellant has no intention to cause death of the informant's daughter. The appellant has no criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 21.03.2025.
5. Learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellant by submitting that there is direct allegation against the appellant is of dashing the informant's daughter due to that she died. The postmortem
Patna High Court CR. APP (SJ) No.2313 of 2025(4) dt.24-07-2025 3/3 report also supports the prosecution case, the cause of death is severe haemorrhage, shock, CR failure caused by hard and blunt object.
6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of the allegation against the appellant, I am not inclined to set aside the impugned order dated 29.05.2025 passed by the learned District and Additional sessions Judge 1st-cum Special Judge, SC/ST (POA) Act, Aurangabad in Aurangabad Town P.S. Case No. 177 of 2025 and accordingly, the prayer for bail of the appellant is rejected.
7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.
(Chandra Prakash Singh, J) guddukr/- U T