Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.554 of 2019 Arising Out of PS. Case No.-12 Year-2016 Thana- SC/ST District- Jehanabad ====================================================== DIPU KUMAR, Son of Sri Raj Kumar Prasad Resident of Village - Pandooi Mathia, P.S.- Parsbigha, District - Jehanabad ... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sanjeet Kumar For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-02-2019 The appellant seeks pre arrest bail in connection with Jehanabad SC/ST P.S. Case No. 12/2016, registered for offences punishable under Sections 147, 341, 323, 324, 379, 308, 354 and 504 of the Indian Penal Code and Section 3(i)(g)(w)(i) of SC/ST Act. Allegation against the appellant and other accused persons is that they were demanding donation for installation of electric pole and when the informant refused to pay, they said to have abused the informant by caste name and also of assaulting him. It has been submitted on behalf of the appellant that he has falsely been implicated in this case and all other co-accused persons have already been granted the privilege of pre-arrest bail by coordinate Benches of this Court vide order dated 22.12.2017 passed in Criminal Appeal (SJ) No. 3231 of 2017 and vide order dated 06.12.2018 passed in Criminal Appeal (SJ) No. 3149 of 2018.
Patna High Court CR. APP (SJ) No.554 of 2019 dt.22-02-2019 2/2 Learned Special P.P. opposed the prayer for bail on the ground that the specific allegation is against this appellant, which will also appear from order dated 22.12.2017 passed in Criminal Appeal (SJ) No. 3231 of 2017.
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 make prayer for regular bail and if any such application is filed, the court below shall dispose of the same on the basis of materials available on record, 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