Appeal under Section 14(A)(2) SC/ST Act against refusal of anticipatory bail in a double-murder case. Court found the appellant not entitled to anticipatory bail given criminal antecedents and rejected the prayer, while directing consideration of regular bail on surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1948 of 2021
Arising Out of PS. Case No.-119 Year-2019 Thana- DEEPNAGAR District- Nalanda
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Ravindra Yadav S/o Sri Rupan Gope R/o Village Rangila Bigha, P.S. Nalanda, District Nalanda.
... ... Appellant/s
Versus The State of Bihar. ... ... Respondent/s ====================================================== Appearance : For the Appellant : Mr. Ritesh Kumar, Advocate For the State : Mr. Binay Krishna, Special P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 20-02-2023
In the instant appeal, no notice is required to be issued
to the informant as the informant is being represented by the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’) against the refusal of prayer of anticipatory bail vide order dated 25.06.2020, passed by learned 1st Additional District & Sessions Judge, Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No.119 of 2019, registered under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act as well as under Sections 3(i)(r)(s), 3(2)(v) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.1948 of 2021(3) dt.20-02-2023 2/3
Accusation against the petitioner and other co-accused persons is of killing two persons.
Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. The appellant has got criminal antecedents as stated in paragraph-3 of the memo of appeal. It is further submitted that there is no eye witness of the occurrence. Only on suspicion, the appellant is made accused in the present case. It is submitted that no family member of the deceased lodged the FIR. When the dead bodies of the deceased were taken to Nadiyawan Musahari Tola, Ramashish Manjhi told that the accused persons threatened both the deceased that they would be killed. It is further submitted that charge-sheet has been submitted against the appellant and other co-accused persons.
Learned Special P.P. for the State opposed the prayer for grant of anticipatory bail to the appellant.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the appellant on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the appellant is hereby rejected.
However, if appellant surrenders before the learned court below within a period of six weeks from today and prays
Patna High Court CR. APP (SJ) No.1948 of 2021(3) dt.20-02-2023 3/3
for regular bail, the learned court below shall consider the prayer for regular bail of the appellant preferably on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the appellant accused under Sections 302/34 IPC, Section 27 Arms Act and SC/ST Act provisions should be enlarged on anticipatory bail.
4 provisions across 3 enactments
Ravindra Yadav
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
