Guddu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4054 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Guddu Paswan Son of Ramesh Paswan R/o Village- Baithaniya, P.S.- Majhauliya, District- West Champaran at Bettiah ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Devraj Paswan Son of Bigu Paswan R/o Village- Sugauli, P.S.- Sikarpur, District- West Champaran, Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Prince Kumar Mishra For the OP No. 2 :
None For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State, however, the notice has validly been served to the OP No. 2 but no one appeared on behalf of the OP No. 2.
2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated 21.06.2024 passed by the learned Additional Special Judge, SC/ST (POA) Act, East Champaran, Motihari in Patahi P.S. Case No. 112 of 2024 dated 10.05.2024 registered for the offence/s punishable u/ss 302, 201 read with section 34 of the IPC and sections 3(2)(va) of the SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.4054 of 2024(3) dt.20-02-2025 2/3
3. As per the prosecution case, on 30.04.2024, the appellant is alleged to have called the informant's son for learning JCB on brick kiln, thereafter, on 08.05.2024, the petitioner made a phone call to the informant that his son was missing. When the informant went there, then he came to know that the petitioner along with the other co-accused killed his son.
4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence no case is made out under the SC/ST Act. There is no specific allegation against the petitioner. There is no eye-witness to the alleged incident. It is further submitted that the informant's son died due to come in contact with the electric current. As per the postmortem report, the deceased sustained diffuse dry burn over left scapular region and dry burn over medial aspect of left elbow and the opinion was kept reserved. The appellant has no criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 14.05.2024.
5. Learned Spl. P.P. for the State has vehemently
Patna High Court CR. APP (SJ) No.4054 of 2024(3) dt.20-02-2025 3/3 opposed the bail petition of the appellant by submitting that there is specific allegation against the appellant for calling the informant's son for learning JCB.
6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of the allegation against the appellant, I am not inclined to set aside the impugned order dated 21.06.2024 passed by the learned Additional Special Judge, SC/ST (POA) Act, East Champaran, Motihari in Patahi P.S. Case No. 112 of 2024 and accordingly, the prayer for bail of the appellant is rejected. (Chandra Prakash Singh, J) guddukr/- U T