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Patna High CourtCR. APP (SJ)/541/2019disposed

Saurav Kumar @ Saurav Anand v. The State Of Bihar

2019-02-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.541 of 2019 Arising Out of PS. Case No.-487 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Saurav Kumar @ Saurav Anand S/o Mohan Kumar Resident of Shankar Chowk Dumra, P.S.- Dumra., District- Sitamarhi ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Uday Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 19-02-2019 The appellant seeks pre arrest bail in connection with Dumra P.S. Case No. 487 of 2018, registered for offences punishable under Sections 341, 323, 325, 307 and 379 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act.

Allegation against the appellant is that he abused the informant by caste name and also snatched away Rs. 11,500/- from his pocket.

It has been submitted on behalf of the appellant is that he has falsely been made accused in this case and no occurrence as alleged in the F.I.R. has ever taken place and further he runs a grocery shop and not engaged in the business of SIM cards and, therefore, the allegation that when the informant came to collect the dues of Airtel company, appellant abused him by caste name, is false and concocted.

Patna High Court CR. APP (SJ) No.541 of 2019 dt.19-02-2019 2/2 Learned Special P.P. opposed the prayer for grant of pre arrest bail and submitted that there is direct allegation against the appellant that he abused the informant by caste name and also snatched away Rs. 11,500/- from his pocket.

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 appellant rather he should surrender before the concerned court below and pray for regular bail and if any such application is filed, the court below shall consider the same on the basis of materials available on record and shall pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court.

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