Kishori Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1209 of 2019 Arising Out of PS. Case No.-178 Year-2012 Thana- BABUBARHI District- Madhubani ====================================================== Kishori Pal, Son of Late Vishundeo Pal, Resident of Village - Surha, P.S.- Babubarhi, Distt.- Madhubani.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Md. Soban Asghar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 Petitioner seeks regular bail in connection with SC/St Babubarhi P. S. Case No. 178 of 2012, corresponding to G. R. No. 2548 of 2012, registered for the offences under Sections 341, 447, 325, 504 of IPC and Section 3(i) (x) SC/ST Act. Earlier prayer for anticipatory bail of the petitioner was rejected by this Court, vide judgment dated 22.02.2019, passed in Criminal Appeal (S.J.). No. 546 of 2019. Allegation against the petitioner is of abusing the informant by caste name and also of assaulting him and it further appears that the occurrence is of the year 2012. Submission of learned counsel for the petitioner is that there was no summons or warrants of arrest issued against the petitioner and as such, he has no knowledge of any summons or warrants of arrest issued against him. Learned APP for the State has opposed the prayer for

Patna High Court CR. APP (SJ) No.1209 of 2019(4) dt.04-09-2019 2/2 bail of the petitioner.

Having heard both sides, as earlier prayer for anticipatory bail of the petitioner was rejected by this Court as stated above, I am not inclined to grant privilege of bail to the petitioner. However, the petitioner may surrender before the learned court below and make prayer for regular bail. The learned Special Judge is directed to verify the submission of the petitioner that there is no summons or warrants of arrest was issued against the petitioner and considering the other materials available on the record shall pass any appropriate order. With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T