Patna High CourtCR. APP (SJ)/1600/2019rejected

Sunil Kumar @ Sunil Kumar Ray v. The State Of Bihar

2019-05-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1600 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- MASHRAK District- Saran ====================================================== 1.

SUNIL KUMAR @ SUNIL KUMAR RAY Son of Manoj Ray Resident of Village- Bahadurpur, P.S- Mashrakh, District- Saran at Chhapra. 2.

Shatrudhan Ray @ Shatrudhan Kumar Yadav, Son of Baijnath Ray Resident of Village-Bahadurpur, P.S-Mashrakh, District-Saran at Chhapra. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anil Kumar Tiwary For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Mashrakh P.S. Case No. 40 of 2019 registered under Sections 341, 323, 354(B), 506 of the Indian Penal Code and Section 3(i) (r) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act pending in the Court of Special Judge, SC/ST Act, Saran at Chapra.

Submission of learned counsel for the appellants is that the appellants are innocent and have falsely been implicated in the present case due to village politics. Learned Special P.P. appearing on behalf of the

Patna High Court CR. APP (SJ) No.1600 of 2019 dt.21-05-2019 2/2 State vehemently opposed the prayer of the appellants by contending that there is direct allegation of abuse and assault against the appellants in the first information report itself. Having heard both the sides, the facts and circumstances of the case and the nature of allegation, I am not inclined to allow the prayer of the appellants for grant of anticipatory bail.

Accordingly, the appeal is dismissed.

(Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date