Md. Arman Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3491 of 2024 Arising Out of PS. Case No.-255 Year-2024 Thana- OBRA District- Aurangabad ====================================================== MD. ARMAN ALAM SON OF MD. MUSTAKIM ALAM Resident of Village - Obara, P.S. - Obara, District - Aurangabad ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

RAJKUMAR PASWAN SON OF LATE RAMSWAROOP PASWAN Resident of Village - Obara, P.S. - Obara, District - Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP For the Informant :

Mr. Aman Vishal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant. Perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 01.07.2024 passed by learned Special Judge, SC/ST Act-cum-1st Additional Sessions Judge, Aurangabad whereby the prayer for bail of the appellant in connection with Obra P.S. Case No. 255 of 2024 under Sections 302/34 of the Indian Penal Code and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act was rejected.

3. Allegation against the appellant is that he along with other co-accused persons committed the murder of the

Patna High Court CR. APP (SJ) No.3491 of 2024(3) dt.20-12-2024 2/3 informant's father.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. The name of the appellant has transpired on the basis of disclosure made by co-villager Md. Suleman. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out against him. Learned counsel further submitted that T.I.P. has not been conducted till date. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 05.06.2024 and has no criminal antecedent.

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant, stating that as per the paragraph no. 48 of the case diary, one Md. Suleman has specifically stated the active participation of this appellant in the commission of murder of the deceased which is further supported by the post-mortem report of the deceased. Learned SPP for the State and learned counsel for the informant, therefore, pray that appellant may not be released on bail.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. APP (SJ) No.3491 of 2024(3) dt.20-12-2024 3/3 of the case as also the active participation of the appellant in the commission of murder of the deceased, this Court is not inclined to grant bail to the appellant.

7. Accordingly, the present appeal is dismissed. (Rudra Prakash Mishra, J) Alok Verma/- U T