Bale Gond @ Bala Lakhendra Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.410 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- CHAND District- Kaimur (Bhabua) * ====================================================== BALE GOND @ BALA LAKHENDRA GOND, son of Late Kera Gond, resident of Vill-Patesar, P.S-Chand, Distt.-Kaimur(Bhabua) ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Praveen Kumar, Advocate For the Respondent/s :

Mr.Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-03-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 14.12..2018 passed by Additional Sessions Judge-I, Kaimur at Bhabua, in A.B.P. No. 1554 of 2018 filed by the appellant, by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Chand P.S.Case No. 211 of 2018, registered under Sections 302, 201, 120B/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation as per FIR is that the father of the informant (deceased) had gone along with the appellant and thereafter he did not return and later on, on 4.10.

2018 his dead body was found and appellant is named in the FIR. Submission of learned counsel for the appellant is that he has falsely been implicated in this case and there is nothing against him. Heard learned Special P.P., who has opposed the prayer for anticipatory bail stating that there was dispute between the deceased and the appellant with respect to ploughing of land and it is the appellant with whom the deceased had gone and thereafter he did not return.

Patna High Court CR. APP (SJ) No.410 of 2019 dt.28-03-2019 2/2 Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the appellant, rather he should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this appeal is dismissed. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date