Appeal against rejection of anticipatory bail in a case alleging firing that caused the informant's husband's death, registered under murder, conspiracy, Arms Act and SC/ST Act sections. The court found the allegations specific and heinous, declined to interfere, directed surrender within six weeks, and rejected the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1629 of 2024
Arising Out of PS. Case No.-451 Year-2023 Thana- MURLIGANJ District- Madhepura
======================================================
Hare Ram Pauddar S/o Late Rameshwar Pauddar R/o vill - Rajani, P.S. - Murliganj, Distt. - Madhepura
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Sada Nand Roy, Adv. For the Informant : Mr.Rajesh Ranjan, Adv. For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Heard learned counsel for the appellant and learned counsel for the informant as well as learned Special Public Prosecutor for the State.
2 . This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the rejection of prayer for anticipatory bail vide order dated 05.03.2024 passed by the learned Additional Sessions Judge-cum-Special Judge SC/ST (PoA) Act, Madhepura in A.B.P. No. 221 of 2024 arising out of Murliganj P.S. Case No. 451 of 2023 dated 24.10.2023 registered for the offence/s punishable u/ss 302, 120(B)/34 of the Indian Penal Code, 27 of the Arms Act and 3(2) (v) of the
Patna High Court CR. APP (SJ) No.1629 of 2024(3) dt.09-08-2024 2/3
SC/ST (POA) Act.
3 . As per the prosecution case, the appellant and the co-accused persons are alleged to have fired on the informant's husband and fled away. Thereafter, the injured were taken to hospital where the doctor declared him dead.
4 . Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to land dispute. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. Learned counsel has further submitted that no specific caste name has been called by the appellant hence no case is made out under section SC/ST Act. There is general and omnibus allegation against the appellant. The appellant has no no criminal antecedent as stated at para 3 of the bail petition.
5 . Learned counsel for the informant as well as learned Spl. P.P. for the State has vehemently opposed the anticipatory bail petition of the appellant and submitted that the Postmortem report supports the prosecution and the cause of death is Cardio-respiratory arrest due to hemorrhage of gun shot. There is direct allegation against the appellant and the accused persons Ashok Das and Vishwajit Kumar of firing on the informant's husband who died while being taken to the
Patna High Court CR. APP (SJ) No.1629 of 2024(3) dt.09-08-2024 3/3
hospital.
(Chandra Prakash Singh, J)
guddukr/-
U T
2 issues framed by the court
Whether the appellate court should set aside the Special Judge's rejection of anticipatory bail for an accused in a murder case with a SC/ST Act charge.
Whether the SC/ST Act provision applies given the alleged absence of caste-specific utterances at the time of the occurrence.
4 provisions across 3 enactments
Hare Ram Pauddar
The State of Bihar
Ranju Devi
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
