Patna High CourtCR. APP (SJ)/2064/2018dismissed

Amrendra Yadav v. The State Of Bihar

2018-08-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2064 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -JANKINAGAR District- PURNIA ===========================================================

1. Amrendra Yadav S/o Sri Kishore Yadav, R/o Vill.- Beltari, P.S.- Jankinagar, District- Purnea. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Amit Kumar Anand, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 27-08-2018 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 17.05.2018 in Special SC/ST (POA) Case No.38 of 2018/CIS-38 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Purnea, in connection with Jankinagar Police Station Case No.25 of 2018 registered under Sections 302 and 120(B) of the Indian Penal Code, Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 27 of the Arms Act. According to FIR, the appellant fired causing injury at the head of deceased-Sanjeev Kumar Ram, as a result whereof, Sanjeev Kumar Ram died on the spot. Witness-Satish Kumar has supported the aforesaid allegation, who is also victim of firearm injury. The Doctor has found firearm injury on

Patna High Court CR. APP (SJ) No.2064 of 2018 dt.27-08-2018 2/2 the head of the deceased which was cause of death. Appellant is in custody since 24.03.2018.

Learned counsel for the appellant submits that eye witness is not specific as to who had caused injury at the head of the deceased. According to him, three persons had fired at the deceased and the Doctor has found single firearm injury at the head.

After hearing the parties and considering the fact that the appellant is one of the main assailants of the deceased, 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 Date28.08.2018 Transmission Date 28.08.2018