Rajesh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2736 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- GAYA KOTWALI District- Gaya ======================================================
1. Rajesh Yadav, S/o Late Vishun Yadav,
2. Rohit Kumar, S/o Pramod Rawani, Both Resident of Village - Golbagicha Gabada, P.S.- Kotwali, District- Gaya. ... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Vinod Kumar, Advocate For the Respondent/s :
Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 03-12-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the refusal of prayer for bail vide order dated 26.05.2018 passed by the learned Exclusive Special Judge (S.C./S.T. Act), Gaya, in connection with Kotwali Police Station Case No.132 of 2018, registered under Sections 302/120B/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
According to FIR, the appellants and others fired at Kundan, the son of the informant, causing his death. One more
Patna High Court CR. APP (SJ) No.2736 of 2018 dt.03-12-2018 2/2 witness, who was accompanying the deceased, has identified the appellants as assailants of the deceased whereas the person in whose house the occurrence took place has stated before the police that deceased had named to appellant Rajesh Yadav and other miscreants were covering their face. Appellant Rajesh Yadav has got criminal antecedent. The doctor has found multiple fire-arm injury on the person of the deceased.
Considering the nature of allegation, I am not inclined to enlarge the appellant on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial.
Accordingly, the appeal stands dismissed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.12.2018 Transmission Date 05.12.2018