Ayodhi Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.428 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- BIRAUL District- Darbhanga ====================================================== AYODHI MUKHIYA son fo Bekal Mukhiya @ Vekal Mukhiya, resident of village Mohammadpur Boari, P.S. Biraul,District Darbhanga. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Girish Chandra Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-02-2019 By way of this memo of appeal,preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 3.1.2019 passed in ABP No.1884 of 2018 for the offences punishable under Sections 342, 323, 379 and 504 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST (Prevention of Atrocities) Act by the learned 1st Additional Sessions Judge cum Special Judge (SC/ST POA) Act, Darbhanga whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

Allegation against the appellant who is allegedly middleman of Sankat Mochan Enterprises,Samastipur is that when the informant made complaint about the quality of the pipeline he

Patna High Court CR. APP (SJ) No.428 of 2019 dt.06-02-2019 2/2 became annoyed and abused him by caste name and also demanded Rs.10,00,000/- .

Submission of the learned counsel for the appellant is that he is neighter middleman of Sankat Mochan Enterprises, Samastipur nor contractor as such he has been falsely implicated in this case.

Heard learned Special P.P., who has opposed the prayer for bail stating that the appellant was assaulted and abused on the road and the same has been found true in the investigation also and the charge-sheet has been submitted.. Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant privilege of the anticipatory bail rather the appellant surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail which shall be considered on its own merit without being prejudiced by the order of this Court and if possible to be disposed of on the same day. (Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 7.2.2019 Transmission Date 7.2.2019