Hari Narayan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1278 of 2017 Arising Out of PS.Case No. -79 Year- 2015 Thana -SC/ST District- SITAMARHI ======================================================

1. Hari Narayan Singh, Son of Late Suraj Singh.

2. Indrajit Singh, Son of Hari Narayan Singh, Both Resident of VillageNanhikar Simardah, Police Station- Majorganj, District- Sitamarhi. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sunil Prasad Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 The appellants seek pre arrest bail in connection with Sitamarhi (S.C./S.T.) P.S.Case No.79 of 2015 registered for offences punishable under Sections 148, 166, 167, 201, 323, 379, 420, 406, 458, 455, 468, 469, 504, 505 & 120B of the Indian Penal Code and section 25(1-b)a, 26, 35 & 27 of the Arms Act and Section 3(i)(vi)(ix), 3(2)(ii)V (vii) of SC/ST Act. Allegation against the appellants as per F.I.R. is of assaulting the informant and other persons and allegation against one co-accused, who is Inspector of Police, is abusing the informant by taking his caste name.

It has been submitted on behalf of the appellants that there is allegation that the appellants and other co-accused have threatened the informant to withdraw the case but the appellants are no way concern with that case and suddenly a case has been lodged against son of the informant, as the co-accused is Inspector

Patna High Court CR. APP (SJ) No.1278 of 2017 (2) dt.30-06-2017 2/2 of Police and I.O. of the case and the present case has been filed with a view to pressurize the appellant.

Heard learned Special P.P. also, who has opposed the prayer for bail on the ground that now cognizance has been taken, as such this application for grant of pre-arrest bail is not maintainable.

Having heard both sides and in view of the facts as stated above, let the appellants surrender before the special court and make prayer for regular bail, which will be considered by him on the ground that there is no allegation of abusing the informant by taking his caste name as the appellants are no way concern with the case about which it is alleged that the appellants have threatened to withdraw the case.

Considering submissions and materials available on the record, the learned Special Judge shall dispose of the prayer for bail of the appellants, if possible on the same day without being prejudiced by the order of this Court.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U