Babloo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1412 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -BEUR District- PATNA ====================================================== Babloo Rai, son of Raudi Rai, resident of Village- Saristabad, Paskshim Tola, P.S.- Saristabad, District- Patna.

.... .... Appellant

Versus

The State of Bihar. null null .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Lallu Prasad, Advocate For the Respondent/s : Mr. Binay Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks pre-arrest bail in connection with Beur P.S. Case No. 06 of 2017 registered for offences punishable under sections 341, 323, 427/34 of the Indian Penal Code and Section 3 (i) (f) (ii) (v-a) SC/ST Act.

Allegation against the appellant is that on the land provided by the Bihar Government the informant had constructed his house and has been residing there and the government has also provided fund to construct latrine but when he started constructing tank of latrine the appellant Babloo Rai and others, who belong to other mohalla, came and assaulted with lapper thapper and Kudal and also abused his wife and children and took rupees 2000/- and destroyed latrine tank.

It has been submitted on behalf of the appellant that

Patna High Court CR. APP (SJ) No.1412 of 2017 (2) dt.01-07-2017 2/2 he has no criminal antecedent and he has been falsely implicated in this case.

Heard both sides.

In view of the fact that prima facie case under the above mentioned section of SC/ST Act is made out against the appellant, this appeal is not maintainable.

Let appellant surrender before the Special Court and make prayer for regular bail and if any such application is filed, the Special Court, after considering the submission of learned counsel for the appellant that no specific over act has been attributed to him, shall pass appropriate order, preferably 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) veena/- U T