Dhrup Sah @ Dhup Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1741 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -SC/ST District- GOPALGANJ ======================================================

1. Dhrup Sah @ Dhup Sah, Son of Late Kailash Sonar.

2. Bikki Soni alias Bikki Kumar Soni, Son of Dhrup Sah alias Dhup Sah Both resident of Village- Kuchaikote, P.S.- Kochai Kote, DistrictGopalganj. .... .... Appellants

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Nand Kishore Prasad Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 The appellants seek pre arrest bail in connection with SC/ST Gopalganj P.S. Case No. 15 of 2017 registered for offences punishable under sections 341, 323, 504, 379/34 of the I.P.C. and Section 3(i)(r) of Scheduled Castes and Scheduled Tribes (P.O.A.) Act.

Allegation against the appellants are that on 20.03.2017 informant was going to his house from Bathan where appellants Dhrup Sah and Bikki Soni were standing near the shop and after seeing him they have spoken cast name and abused him. It has been further alleged that they have taken away Rs. 3500/- from his pocket.

It has been submitted on behalf of the appellants that

Patna High Court CR. APP (SJ) No.1741 of 2017 (3) dt.17-07-2017 2/2 appellants are innocent and have not committed any offence and they have been falsely implicated in this case due to land dispute between the informant and the appellants. It is further stated that no such occurrence has been taken place and the story set up by the informant is completely false and concocted. 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 appellants, this appeal is not maintainable. Let appellants 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 appellants that no specific over act has been attributed to them, 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