Patna High CourtCR. APP (SJ)/392/2019dismissed

Ramjee Tiwari And ANR v. The State Of Bihar

2019-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.392 of 2019 Arising Out of PS. Case No.-14 Year-2014 Thana- SC/ST District- Bhojpur ====================================================== 1.

Ramjee Tiwari, Son of Late Sita Ram Tiwari Resident of Village- Sonbarsha, P.S.- Sahpur, District- Bhojpur 2.

Ravi Shankar Tiwari, Son of Ramjee Tiwari Resident of Village- Sonbarsha, P.S.- Sahpur, District- Bhojpur ... ... Appellant/s

Versus

The State Of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Gopal Govind Mishra For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-02-2019 The appellants seek pre arrest bail in connection with SC/ST P.S. Case No. 14 of 2014, registered for offences punishable under Sections 341, 323, 504, 506, 379/34 of the Indian Penal Code and Section 3 (i)(r)(s) of SC/ST Act.

Allegation against the appellants is of abusing the informant by caste name and also of assaulting him. It has been submitted on behalf of the appellants that they have falsely been made accused in this case as the appellants have lodged a case against the informant in the year 2011 and due to which, the present false case has been lodged by the informant. Learned Special P.P. opposed the prayer for bail and submitted that the case is of the year 2014 and the appellants have come for grant of pre arrest bail in the year 2019 in spite of the fact

Patna High Court CR. APP (SJ) No.392 of 2019 dt.28-02-2019 2/2 that they are named in the F.I.R.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of pre arrest bail to the appellants rather they should surrender before the court below and pray for regular bail and if any such application is filed, the court below shall dispose of the same on the merit of the case, if possible on same day, without being prejudiced by the order of this Court.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date