This court disposed of a criminal appeal against the refusal of regular bail. Upholding the impugned order dated 01-09-2021, the court dismissed the appeal, noting that a specific gunshot injury was attributed to the appellant.</summary>
Appeal dismissed; impugned order refusing bail affirmed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4156 of 2021
Arising Out of PS. Case No.-70 Year-2020 Thana- RANIYATALAB District- Patna
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Juganu Singh, aged about 27 years, male, S/o- Late Ashok Singh Resident of Village- Ekbalganj, Nisharpura, P.S.- Ranitalab, District- Patna.
... ... Appellant
... ... Respondents
====================================================== Appearance: For the Appellant : Mr. Binod Pd. Singh, Adv. For the Respondents : Mr. Sadanand Paswan, Spl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
6 16-02-2022 The matter has been listed today for consideration through Video Conferencing.
Learned counsel for the appellant is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
Heard learned counsel for the appellant and learned Spl. P.P. for the State.
The appellant has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 (for brevity, ‘SC/ST Act’) against the refusal of his prayer for regular bail vide order
Patna High Court CR. APP (SJ) No.4156 of 2021(6) dt.16-02-2022 2/3
01-09-2021 passed by learned Additional District and Sessions Judge -III-cum- Special Judge SC/ST Act, Patna in a case registered under Sections 341, 323,307, 302, 504/34 of the Indian Penal Code Section 27 of the Arms Act and Sections 3(i) (r)(s)/3(2) (v) of the SC/ST Act, arising out of Ranitalab P. S. Case no. 70 of 2020, Spl Case No. 162 of 2020.
Specific gun shot injury is attributed against the appellant. Having considered this aspect of the matter, the appellant’s prayer for bail was earlier rejected by this Court by order dated 05.04.2021 in Cr. Appeal (SJ) No 514 of 2021.
Learned counsel for the appellant submits that charge has been framed. He also submits that there is no progress at the trial and that this Court may consider his prayer for bail favourably. He reiterates his submissions made on 05.04.2021 that the case is bereft of any motive and unsustainable. Appellant is in custody since 01-06-2020
In the facts and circumstances of the case, this Court, for the present, is not inclined to allow the appellant’s prayer for bail having regard to the fact that specific gun shot injury upon the victim is attributed against the appellant and witnesses have consistently supported the prosecution case during investigation.
Patna High Court CR. APP (SJ) No.4156 of 2021(6) dt.16-02-2022 3/3
Impugned order dated 01-09-2021 does not require
interference by this Court, which is, accordingly, affirmed.
The appeal is dismissed.
(Madhuresh Prasad, J)
shyambihari/-
U T
1 issue framed by the court
Whether the lower court's refusal to grant bail to the appellant in a SC/ST Act case involving an unhealed gunshot injury requires interference.
3 provisions across 2 enactments
Juganu Singh
The State of Bihar
Maheshwar Ram
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
