Chandra Bhushan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4527 of 2021 Arising Out of PS. Case No.-118 Year-2021 Thana- PIPRA District- Supaul ====================================================== 1.

CHANDRA BHUSHAN MANDAL Son of Late Ramnandan Mandal Resident of Mahichanda, P.S.- Pipra, District- Supaul 2.

JAY KISHAN MANDAL Son of Jagdish Mandal Resident of Mahichanda, P.S.- Pipra, District- Supaul ... ... Appellants.

Versus

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

For the Appellant/s :

Mr. Pramod Mishra For the State :

Mr. Binay Krishna For the Informant : Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-03-2022 Heard learned counsel for the appellants, learned counsel for the informant and learned Special Public Prosecutor for the State.

Learned counsel for the appellants undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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 of bail vide order

Patna High Court CR. APP (SJ) No.4527 of 2021(3) dt.10-03-2022 2/3 dated 14.04.2021 passed by learned 1st Additional Sessions Judge cum Special Judge (SC/ST Act), Supaul in connection with Pipra P.S. Case No. 118 of 2021 registered under Section 302/34 of the Indian Penal Code and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The accusation against the appellants is that they in association of other co-accused shot dead the husband of the informant.

It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case due to dirty village politics. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. Slating the informant in the name of caste is said to have been made at the house of the appellant and not in public view, hence no offence under SC/ST Act is made out against the appellants. Appellants have no criminal antecedent. Appellants have been laguishing in custody since 02.08.2021.

Learned counsel for the informant and learned Special Public Prosecutor for the State opposed the prayer for bail.

Patna High Court CR. APP (SJ) No.4527 of 2021(3) dt.10-03-2022 3/3 In the facts and circumstances of the case, I am not inclined to enlarge the appellants on bail. The prayer for bail is hereby rejected.

Accordingly, this appeal is dismissed.

However, the appellants would be at liberty to renew their prayer for bail after framing of charge. (Anjani Kumar Sharan, J) Trivedi/- U T