Ranbijay Singh @ Bijay Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2581 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Ranbijay Singh @ Bijay Singh son fo Late Parmanand Singh resident of village- Laualagan, P.S.- Chousa, District- Madhepura, Bihar. .... .... Appellant/s
Versus
State of Bihar & Anr .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Anant Kumar-1 For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 Heard the parties.
The appellant seeks pre arrest bail in connection with Chausa P.S.Case No.78 of 2016,G.R. No.365 of 2016 registered for offences punishable under Sections 341, 323, 307, 353, 393, 379,504, 506, 120(B)/34 of the Indian Penal Code and section 3(i)(ix)(x) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellant is of abusing the informant by taking caste name and also of assaulting him. Submission of the learned counsel for the appellant is that the appellant has been falsely implicated in this case as his wife was a candidate of 'Mukhia' due to which he has been implicated in this case and allegation of S.C/S.T. (Prevention of Atrocities Act) has been made in this case in view to make the case serious.
Patna High Court CR. APP (SJ) No.2581 of 2017 (2) dt.01-09-2017 2/2 Heard learned Special P.P. also, who has opposed the prayer for bail on the ground of maintainability. Having considered both sides and in view of the submissions, this appeal is not maintainable. Let the appellant surrender and make prayer for regular bail before the court of learned Special Judge, which will be considered by the court of learned Special Judge on the basis of submissions as well as considering the injury on the person of the informant.
Considering all aspect of the matter, the learned special judge will dispose of the prayer for bail of the appellant. (Vinod Kumar Sinha, J) chn/- U T