Patna High CourtCR. APP (SJ)/2765/2018dismissed

Ranjan Mandal v. The State Of Bihar

2018-11-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2765 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -ISHAKCHAK District- BHAGALPUR ===========================================================

1. Ranjan Mandal, Son of Chhotelal Mandal, resident of Village Ishakchak Near Budhiya Kali Mandir Pasi Tola, P.S.- Ishakchak, District- Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Brij Nandan Prasad,Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-11-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 18.05.2018 in Ishakchak P.S.Case No.28 of 2018 (corresponding to G.R.No.512 of 2018) passed by the learned 3rd Additional District Judge-cum-Special Judge (S.C./S.T. Act), Bhagalpur, registered under Sections 341,323,325,307 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant allegedly caused multiple injury at the head of Suraj Choudhary @ Chendhu Choudhary. The Doctor has found multiple head injury on the person of Suraj

Patna High Court CR. APP (SJ) No.2765 of 2018 dt.05-11-2018 2/2 Choudhary @ Chendhu Choudhary. Besides, Suraj Choudhary @ Chendhu Choudhary and other eye witness have also supported the allegation against the appellant. Appellant is in custody since 07.02.2018.

Considering the nature of allegation and material against the appellant, I am not inclined to enlarge the appellant on bail for the present.

However, appellant may renew prayer for bail after framing of the charges or after completion of one year of custody.

Learned Trial Court is directed to expedite the trial.

If the appellant would not fully cooperate with the trial that would be a ground for non-consideration of prayer for bail.

Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.11.2018 Transmission Date 06.11.2018