Upendra Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1611 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================
1. Upendra Narayan Singh, son of Late Maheshwar Prasad Singh, Resident of Village- Vasudeopur Chandel, P.S.- Mahnar, District- Vaishali. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Manoj Kumar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks pre arrest bail in connection with Manhar P.S.Case No.3 of 2017, registered for offences punishable under Sections 447, 448, 341, 342, 323, 380, 427, 504 & 506/34 of the Indian Penal Code and section 3(i)(a) & 3 (2)(va) of SC/ST Act.
Submissions of the learned counsel for the appellant is that he has been falsely implicated in this case and the story as made in the F.I.R. is that he pressured the informant to file a case, which is unbelievable. It is further submitted that there was some dispute between the parties and in that connection, the appellant has been made accused in this case making false allegation of abusing the informant. The appellant is aged about 70 years old. Heard learned Special P.P. also, who has opposed the
Patna High Court CR. APP (SJ) No.1611 of 2017 (3) dt.01-07-2017 2/2 prayer for pre arrest bail stating that there is prima facie allegation against the appellant.
Having heard both sides and in view of allegation, this appeal is not maintainable.
Let appellant surrender before the special court and make prayer for regular and the learned Special Judge will consider this aspect of the matter that he is aged about 70 years and further specific allegation has been attributed against him and considering the same as well as other materials available on the record, he will dispose of the prayer for bail of the appellant, if possible on the same day.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U