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Patna High CourtCR. APP (SJ)/407/2019disposed

Chhotu Kumar @ Bishwash Kumar Pandey v. The State Of Bihar

2019-02-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.407 of 2019 Arising Out of PS. Case No.-530 Year-2018 Thana- BAGHA District- West Champaran ====================================================== Chhotu Kumar @ Bishwash Kumar Pandey, Son of Baleshwar Pandey Resident of Village- Narainapur, P.S. Bagha, Patkhauli, District West Champaran ... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Deovind Kumar Singh, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-02-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 18.12.2018 passed by Additional Sessions Judge-I-cumSpecial Judge, West Champaran, Bettiah, in A.B.P. No.2760 of 2018 by which learned Special Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Bagha Patkhauli P.S. Case No. 530 of 2018, registered under Sections 341, 323, 353, 379, 504, 506 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellant is that as energy bill of Rs.1.5 lakh was issued against him, he abused the Junior Engineer by taking his caste name and also snatched gold locket from him.

Submission of learned counsel for the appellant is that allegation is general and omnibus and there is case and counter case between the parties. Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.407 of 2019 dt.04-02-2019 2/2 Having heard both sides and in view of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather he should surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this Court and, if possible, to be disposed of on the same day.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date