Gaush Mukhiya @ Ghulam Goush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4895 of 2021 Arising Out of PS. Case No.-148 Year-2021 Thana- BAISI District- Purnia ====================================================== GAUSH MUKHIYA @ GHULAM GOUSH Son of Md. Faruque Resident of Village - Harintod, P.S.- Baisi, Distt.- Purnia. ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Pinki Devi Wife of Rajesh Rai Resident of Village-Niyamatpur majhuva,P.SBaisi,Purnia ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None For the Informant Mr.Rajiv Ranjan :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-09-2022 Despite repeated calls, no appeared on behalf of the appellant. The learned counsel for the informant and learned APP for the State are, however, present.

Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 25.10.2021 in connection with Baisi P.S.Case No. 148 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 379, 435, 436, 363, 504 and 506 of the Indian Penal Code and Sections 3(i)(r)(s)(e)(g)/(w)(i)/(2)/3(i)(w)(i)3(2) (iii)(iv)(v)(va)/3(2)(v)(a) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

As per allegation, on 19.05.2021 in the night at about 11.00 p.m., 61 named accused persons along with 100 unknown persons including the appellant carrying the gallon of petrol committed arson in the residential Basti of the members of the

Patna High Court CR. APP (SJ) No.4895 of 2021(4) dt.20-09-2022 2/2 Scheduled Castes and number of houses were burnt to ashes. The vivid description has been furnished in the FIR. Altogether seven houses were burnt to ashes and three-year-old son of Pratap Harijan namely Diwana Kumar is still traceless. The learned counsel for the informant as well as the learned Special P.P. for the State have opposed the prayer for bail and submitted that on similar footing the anticipatory bail petition of co-accused persons have been rejected, vide order dated 04.08.2022 in Cr.Appeal (SJ) No. 4022 of 20921. Considering the facts and circumstances, the appellant is not entitled for anticipatory bail which is hereby rejected. Office shall ensure that all the defects are removed by the appellant within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T