Haridwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3843 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== HARIDWAR CHAUDHARY SON OF LATE TAPESHWAR CHAUDHARY R/O VILLAGE- DAHWA, P.S.- DHANAHA, DISTRICT- WEST CHAMPARAN ... ... Appellant/s

Versus

1.

The State of Bihar 2.

VANSHRAJ GOND SON OF LATE TEKMAN GOND R/O VILLAGEDAHWA, P.S.- DHANAHA, DISTRICT- WEST CHAMPARAN ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-03-2023 Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the appellant as well as learned counsel for the informant.

This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 24.06.2022 modified on 29.08.2022 passed by the learned 1st Additional Sessions Judge-cum-the Special Judge, under S.C. & S.T. Act, West Champaran at Bettiah in A.B.P. No. 2971 of 2022 arising out of Dhanaha P.S. Case No. 93 of 2022,

Patna High Court CR. APP (SJ) No.3843 of 2022(5) dt.21-03-2023 2/3 registered for the offences punishable under Sections 147, 149, 341, 323, 302, 120(B) of the Indian Penal Code (For brevity, IPC) & Section 3(1)(r)(s) and 3(2) (v) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellants has been rejected.

As per allegation, the accused persons, including the appellant, came to the house of the informant and inflicted a bamboo blow on the head of Suresh Gond, the son of the informant. He became seriously injured and died during course of treatment.

The learned counsel for the appellant has submitted that he is innocent and has falsely been implicated in this case. The allegation against the appellant is that he gave solitary blow on the head of deceased, which shows that he had no intention to kill the deceased.

On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the appellant is direct assailant and the witnesses have supported the prosecution case.

In my view, the appellant does not deserve the privileges of bail, which is hereby rejected. Office shall ensure that all defects are removed by the

Patna High Court CR. APP (SJ) No.3843 of 2022(5) dt.21-03-2023 3/3 appellant within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/nirmal U T