Parshuram Prasad v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1956 of 2017 (6) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1956 of 2017 Arising Out of PS.Case No. -102 Year- 2014 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Parshuram Prasad son of Khooblal Prasad, Resident of village Sakhe, Nauka tola, P.S. Uchkagaon, District Gopalganj .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Dhananjay Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 Heard the parties.

The appellant pre arrest bail in connection with Uchkagaon P.S.Case No.102 of 2014 registered for offences punishable under Sections 341, 323, 307, 447, 448, 379, 509 and 34 of Indian Penal Code and Section 3(i) and(x) of SC/ST (POA) Act. The appellant is named in the FIR and allegation against the appellant and others is of abusing the informant and assaulting him.

Submission of the learned counsel for the appellant is that no specific allegation has been attributed against him and further allegation of assault is general and omnibus. It has also been submitted that all the other co-accused persons have already been granted bail by the learned lower court, vide order dated 10.12.2014, which will appear from Annexure 2 of the petition. It

Patna High Court CR. APP (SJ) No.1956 of 2017 (6) dt.14-09-2017 is further submitted that as a matter of fact the appellant was living outside the State for earning livelihood so he had no knowledge that he has to appear and now he is ready to abide by any condition imposed upon him.

Heard learned A.P.P. also, who has opposed the prayer for bail as the appellant was absconding.

Having heard both sides and in view of the fact that the case is of the year, 2014 and privilege of anticipatory bail can not be allowed to such type of people, who are careless and no respect for law, I am not inclined to grant bail at this stage. However, he may make prayer for regular bail, which will be considered by the learned Special Judge on his own merit without being prejudiced by the order of this Court. With the above observation, this appeal is disposed of.

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