Ashok Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.815 of 2019 Arising Out of PS. Case No.-42 Year-2018 Thana- SC/ST District- Patna ====================================================== ASHOK KUMAR PRASAD Son of Late Jagmohan Prasad Resident of Village - Deokali, PS- Dhanarua, Distt - Patna. ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Akhauri Kamal Kishore Sahay For the Respondent/s :
Smt. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 02-04-2019 The appellant seeks pre arrest bail in connection with SC/ST P.S. Case No. 42 of 2018, registered for offences punishable under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code and Section 3(i)(r)/3(2)(v) of SC/ST Act.
Allegation against the appellant and others is of abusing 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 the specific allegation against one Munna Prasad and considering the same, this court vide judgment dated 17.01.2019 passed in Criminal Appeal (SJ) No. 4457 of 2018 granted anticipatory bail to some of the accused persons. Learned Special P.P. opposed the prayer for bail and submitted that against this appellant also there is specific allegation of assaulting the informant.
Patna High Court CR. APP (SJ) No.815 of 2019 dt.02-04-2019 2/2 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 court below and pray for regular bail and if any such application is filed, the court below shall dispose of the same on the merit of the case, if possible on same day, without being prejudiced by the order of this Court.
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