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Patna High CourtCR. APP (SJ)/483/2017disposed

Sanjeev Singh @ Sanjeev Kumar Singh v. The State Of Bihar

2017-06-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.483 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -SC/ST District- SUPAUL ======================================================

1. Sanjeev Singh @ Sanjeev Kumar Singh, Son of Late Fulo Singh, Resident of Village-Govindpur, P.S.-Jadiya, District-Supaul .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajesh Kumar Sinha For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 The appellant seeks anticipatory bail in connection with SC/ST P.S. Case No.35 of 2016 registered for the offences punishable under Sections 341, 323, 325 and 504 of the Indian Penal Code and Section 3(i)(R)(s)(H) of the SC/ST (Prevention of Atrocities) Act, 1989.

Allegation against the appellant, as per FIR, is that he has brutally assaulted the informant and abused him by taking his caste name.

It has been submitted on behalf of the appellant that the appellant has falsely been implicated in this case which will appear from the fact that there is delay in lodging the FIR of nine days.

Heard learned Special P.P. also, who has opposed

Patna High Court CR. APP (SJ) No.483 of 2017 (5) dt.21-06-2017 the prayer for bail by submitting that the appellant has assaulted the informant due to which he received serious injury in his eye. Having heard both sides, in view of the prima facie allegation, the pre-arrest bail is not maintainable, rather appellant to surrender before the court below and make prayer for regular bail, which shall be considered on the basis of the submissions made above and the court below shall pass an appropriate order without being prejudiced by the present order, if possible on the same day.

Accordingly, this appeal is disposed of.

(Vinod Kumar Sinha, J) Arvind/- U T