Laxmi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1373 of 2017 Arising Out of PS.Case No. -167 Year- 2015 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Laxmi Yadav Son of late Babujee Yadav Resident of Village- Gopalpur, Police Station- Manigachhi, District- Darbhanga. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Girish Chandra Jha For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 This appeal is for grant of bail in connection with Manigachhi P.S. Case No. 167 of 2015 registered for the offence(s) under section(s) 448, 341, 323, 307, 427, 504 and 506 of the Indian Penal Code and section(s) 3 (i) (x) of the SC/ST (POA) Act.

Allegation against the appellant is that he along with other accused persons abused the informant by taking his caste name and they also assaulted him.

Submission of the learned counsel for the appellant is that there is general and omnibus allegation against the appellant and the injuries are simple in nature which will appear from Annexure-2 to this application and the co-accused has already been granted bail by a coordinate Bench of this Court.

Patna High Court CR. APP (SJ) No.1373 of 2017 (3) dt.14-07-2017 2/2 Heard learned Special Public Prosecutor also. Learned Special Public Prosecutor has opposed the prayer for bail of the appellant on the ground that the appellant abused the informant by taking his caste name and also assaulted him so a prima facie case under the abovementioned sections is made out against him and further, the case is of year 2015 and now we are in the year 2017, as such, this appeal is not maintainable.

Having heard both sides and in view of the facts and circumstances, as stated above, this appeal is not maintainable. Let the appellant surrender before the court below and make prayer for regular bail, which will be considered by the Special Court and the Special Court after considering the submission, as stated above and the materials available on record, will pass an appropriate order, if possible on the same day, without being prejudiced by the order of this Court.

With the above observation/direction, this appeal is disposed of.

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