AMIT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) 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 for regular bail vide order dated 18.01.2018 passed by the learned 1st Additional Sessions Judge, Gopalganj in Mohammadpur Police Station Case No.64 of 2017, corresponding to G.R. No.2420 of 2017 registered under Sections 302/34 of the Indian Penal Code and Sec. 3(i)(x), 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) During a dance programme in a Baarat, occurrence of assault was committed against the deceased. Specific allegation is against the appellant and co-accused, Brajesh Singh that they assaulted with their respective spear causing injury just above right thigh of the deceased and while the deceased was on the way for treatment, he died. Informant is brother of the deceased and he claims to be an eyewitness of the occurrence.