Chhote Sahni @ Chhotu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4121 of 2018 Arising Out of PS. Case No.-275 Year-2015 Thana- BISFI District- Madhubani ====================================================== CHHOTE SAHNI @ CHHOTU SAHNI, Son of Late Jhiri Sahni @ Jhari Sahni, Resident of Village-Lalpur, Police Station- Bisfi, District-Madhubani. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Suraj Narain Yadav For the Respondent/s :

Ms. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

This is an appeal under Section14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 29.07.2016 passed by the 1st Addl. Sessions Judge, Madhubani in connection with Bisfi P.S. Case No.275/15 registered under Sections 302 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Informant has alleged that two weeks prior to 06.12.2015, informant's father Akalu Paswan (deceased) went at the house of his daughter for giving rupees and brother of the informant Lalit Paswan had given Rs.2500/- to his father for the above purpose. At the time of giving money, the appellant was

Patna High Court CR. APP (SJ) No.4121 of 2018(6) dt.26-02-2019 2/2 there and wanted to confine the father of the informant but he did not succeed. On 06.12.2015, informant came to know that his father has been killed by the accused and his dead body was lying in the garden of one Nagendra.

It has been submitted on behalf of the appellant that he is innocent and has falsely been implicated in this case. Appellant has no criminal antecedent and he is in custody since 07.12.2015.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the appellant on bail at this stage. Hence, the prayer for bail of the appellant is hereby rejected.

However, the court below is directed to expedite the trial and conclude the same within six months from the date of receipt of the order and if trial is not concluded within said period appellant may renew his prayer for grant of bail. Accordingly, this appeal stands disposed of. (S. Kumar, J) Sanjay/- U T