Chalitar Paswan @ Ram Charitra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4431 of 2023 Arising Out of PS. Case No.-342 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== CHALITAR PASWAN @ RAM CHARITRA PASWAN SON OF KAILASH PASWAN RESIDENT OF VILLAGE RAGHUNATHPUR, PS FATEHPUR DISTRICT GAYA ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kr. Sinha For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. Learned Special Public Prosecutor for the State has informed that in compliance of the order dated 13.10.2023, he has informed the informant but none is present of his behalf.
3. 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 anticipatory bail vide order dated 26.08.2023 passed by learned Special Judge (SC/ST Act), Gaya in connection with Fatehpur P.S. Case No. 342/2021 registered under Section 302/34 of the Indian Penal Code, Section 3 (2) (v) of the Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.4431 of 2023(6) dt.03-04-2024 2/3 Tribes (Prevention of Atrocities) Act and Section 27 of the Arms Act.
4. The appellant along with other co-accused is said to have committed the murder of father of the informant.
5. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to village politics in collusion with police. The allegation of assault levelled against the appellant is not specific rather general and omnibus in nature. It is further submitted that the deceased has four criminal antecedents and for this reason several enemies were present against the deceased. It is further submitted that the appellant's wife wrote a letter to the police official stating therein that at the time of occurrence her husband was in other place and in support of her statement she produced his husband's mobile. Appellant has no criminal antecedent.
6. Learned Spl. PP for the State opposed the prayer for bail submitting that considering the nature of the offence, the appellant does not deserve bail.
7. In the facts and circumstances of the case and the nature of the allegation, I am not inclined to enlarge the appellant on bail. The prayer for bail is hereby rejected.
Patna High Court CR. APP (SJ) No.4431 of 2023(6) dt.03-04-2024 3/3
8. However, if the appellant surrenders before the learned court below seeks regular bail, the same shall be considered on the same day without being prejudiced by this order.
9. Accordingly, this appeal is dismissed.
(Anjani Kumar Sharan, J) Trivedi/- U T