Patna High CourtCR. APP (SJ)/1852/2017disposed

Ravi Kumar Yadav v. The State Of Bihar

2017-07-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1852 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -AMAS District- GAYA ====================================================== Ravi Kumar Yadav, son of Ramnandan Yadav, Resident of VillageBajidpur, P.S.- Amas, District- Gaya. .... .... Appellant

Versus

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

For the Appellant/s : Mr. Md. Javed Jafar Khan For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order the order dated 22.5.2017 passed in A.B.P. No. 62 of 2017 by Special Judge, SC/ST Act, Gaya, arising out of Amas P.S.Case No. 60 of 2017 registered for the offences under Sections 279, 337, 338, 308, 147 of the Indian Penal Code and 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of pre-arrest bail to the appellant. Allegation as per FIR is that accused persons, including the appellant have chased the son of the informant and dashed Scorpio vehicle with him causing injury on his left leg. It has been submitted on behalf of the appellant that

Patna High Court CR. APP (SJ) No.1852 of 2017 (3) dt.24-07-2017 2/2 son of the informant has not come forward, rather his father has lodged this case and there was enmity between the parties from before.

Learned Special P.P. has opposed the prayer for prearrest bail of the appellant stating that mere perusal of FIR it appears that prima facie case under the provisions of SC/ST Act is made out against the appellant, as such, this appeal for pre-arrest bail is not maintainable.

Having heard both sides and considering the facts and circumstances, this appeal is not maintainable, rather appellant to surrender and make prayer for regular bail, which will be considered by the Special court below on the basis of the submission made above as well as on the basis of allegation and pass appropriate order, if possible, on the same day. This appeal is, accordingly, disposed of.

(Vinod Kumar Sinha, J) spal/- U