Sujeet Yadav @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.298 of 2017 Arising Out of PS.Case No. -126 Year- 2014 Thana -BELAGANJ District- GAYA ======================================================
1. Sujeet Yadav @ Sujeet Kumar Son of Munna Yadav resident of Village - Khanesh, Police Station - Belaganj, District - Gaya. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sunil Kumar Yadav For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-05-2017 Heard the parties.
This appeal has been filed for setting aside order dated 13.12.2016 passed in Belaganj P.S.Case No.126 of 2014, registered for the offences under Sections 341, 323, 325, 379, 504 & 307/34 of the Indian Penal Code and U/S 3(1)(x) of S.C./S.T. (Prevention of Atrocities) Act by the Exclusive Special Court, Special Judge, Gaya and also for grant of anticipatory bail. Allegation against the appellant is of assaulting the informant and also abusing him by taking his caste name. It is submitted on behalf of the appellant that the injures are simple in nature and so far allegation of taking caste name is concerned, that has been deliberately made in order to make the case serious.
Patna High Court CR. APP (SJ) No.298 of 2017 (4) dt.22-05-2017 2/2 Heard learned Special P.P., who has opposed the prayer for pre arrest bail.
Having heard both sides and in view of allegation constitution offences under the S.C./S.T. (Prevention of Atrocities) Act, this appeal is not maintainable, as such, let the appellant surrender and make prayer for regular bail before the Special court, which will be considered by the court concerned on the basis of allegation as attributed against the appellant as well as nature of injury and will pass appropriate order, if possible, on the same day.
With the aforesaid observation, this appeal is dismissed.
(Vinod Kumar Sinha, J) chn/- U