Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5761 of 2019 Arising Out of PS. Case No.-193 Year-2019 Thana- DELHA District- Gaya ====================================================== MANOJ YADAV S/o Rameshwar Yadav @ Rameshwar Singh R/o villageKharkhura, P.S.- Delha, Distt.- Gaya ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Prithivi Raj Singh, Adv For the Respondent/s :

Mrs.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2020 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 01.10.2019 in Delha P.S.Case No.193 of 2019 and B.P.No.240 of 2019 passed by the learned Exclusive Special Judge (S.C./S.T. Act), Gaya, registered under Sections 302,34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to FIR, the appellant is main assailant of the deceased. Other named accused also allegedly fired after the deceased fell down. The postmortem report would reveal that the allegation is consistent with the medical evidence.

Patna High Court CR. APP (SJ) No.5761 of 2019(3) dt.05-02-2020 2/2 Hence, I am not inclined to enlarge the appellant on bail. Prayer is refused.

The learned Trial Court is directed to expedite the trial. If the trial is not concluded within nine months from the date of receipt/production of a copy of this order, the appellant may renew prayer for bail before the learned court below itself which shall pass a reasoned order.

Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- U T