Patna High CourtCR. APP (SJ)/2434/2017disposed

Manish Kumar Singh @ Manish Kumar v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2434 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -RIVILGANJ District- SARAN ======================================================

1. Manish Kumar Singh @ Manish Kumar Son of Bali Ram Singh, R/o Village- Shekhpura, P.S.- Revilganj, District- Saran at Chapra. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ram Binod Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard the parties.

The appellant seeks pre-arrest bail in Revilganj P.S. Case No.113 of 2017 registered for the offences under Sections 302/34, 120 (B) of the I.P.C., Section 27 of the Arms Act, Section 3(2)(V) of SC/ST (POA) Act.

Allegation against the appellant is that appellant is named in the First Information Report and the case is under Section 302 of the I.P.C.

Submission of the learned counsel for the appellant is that another co-accused has been granted regular bail by this Court in Cr. Appeal No.2429/2017 dated 13.09.2017 and the case of the appellant is on similar footing and further submitted is that case of SC/ST is not made out.

Patna High Court CR. APP (SJ) No.2434 of 2017 (3) dt.15-09-2017 2/2 Heard learned Special P.P. also, who opposed the prayer for bail on the ground of maintainability of the appeal. Having heard both sides and in view of the facts and circumstances, as stated above and nature of allegation made in the First Information Report against the appellant, I am not inclined to grant anticipatory bail to the appellant. However, if he may surrender before the court below and as one of the co-accused has been granted regular bail by this Court, the trial court will consider the same and if possible on the same day on its own merit without being prejudiced by this order.

With the aforesaid observation, this appeal is disposed of.

(Vinod Kumar Sinha, J) AnilKrSinha/- U