Md. Jahangeer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4114 of 2021 Arising Out of PS. Case No.-404 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== MD. JAHANGEER S/o Md. Islam Resident of Village- Manjhauli Dharamdas, P.S.- Sadar, District- Muzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mrs. Kumari Sujata Sinha For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State through virtual Court proceedings.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 10.01.2020 passed by learned 3rdAdditional Sessions Judge cum Special Judge (SC/ST Act), Muzaffarpur in connection with Sadar P.S. Case No. 404 of 2020 registered under Sections 147, 148, 149, 341, 324, 326, 307 & 302 of the Indian Penal Code and Section 3(1) (r) (s)/3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The allegation against the appellant is that he

Patna High Court CR. APP (SJ) No.4114 of 2021(3) dt.19-01-2022 2/2 stabbed the brother of the informant and he died. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. Appellant has been falsely implicated in the case. The appellant and informant are co-villagers. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has clean antecedent and has been languishing in custody since 10.11.2020.

Learned Spl. PP for the State vehemently opposing the prayer for bail submitted that the allegation against the appellant is serious in nature, hence he does not deserve bail. In the facts and circumstances of the case, as there is direct allegation of stabbing against the appellant, I am not inclined to enlarge the appellant on bail. The prayer for bail is hereby rejected. However, the learned Trial Court is directed to expedite the trial.

Accordingly, this appeal is dismissed.

(Anjani Kumar Sharan, J) Trivedi/- U T