Mukesh Bhagat @ Mukesh Kumar Mani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2153 of 2018 Arising Out of PS.Case No. -103 Year- 2017 Thana -BHARGAWAN District- ARRARIA ===========================================================

1. Mukesh Bhagat @ Mukesh Kumar Mani, Son of Harinandan Bhagat, resident of Village- Kadmaha, P.S.- Bhargama, Dist.- Araria. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Sudish Kumar, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-07-2018 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 24.05.2018 by the learned 1st Additional Sessions Judge-cum-Special Judge, Araria, in connection with Spl. (SC/ST) Case No.193 of 2017 (arising out of Bhargama Police Station Case No.103 of 2017) registered under Sections 147,148,149,341,323,307,379,504 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 (i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to FIR, the appellant fired causing

Patna High Court CR. APP (SJ) No.2153 of 2018 dt.13-07-2018 2/2 injury at the head of Mauji Lal Ram. The Doctor has found firearm injury at the head of Mauji Lal Ram. Appellant is in custody since 28.04.2018.

Submission is that there is counter case also and the appellant had also sustained grievous injury. Further submission is that the judgment regarding land dispute was in favour of the appellant and in fact the informant and others were aggressors.

Considering the nature of allegation, I am not inclined to enlarge the appellant on bail.

Hence, prayer for bail is refused.

The learned trial court is directed to expedite the trial.

Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date16.07.2018 Transmission Date 16.07.2018