Patna High CourtCR. APP (SJ)/2061/2017disposed

Bitul Singh And ORS v. The State Of Bihar

2017-08-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2061 of 2017 Arising Out of PS.Case No. -177 Year- 2014 Thana -RAJAUN District- BANKA ======================================================

1. Bitul Singh, son of Pramod Singh, resident of Village- Durgapur, P.S.- Rajoun, District- Banka.

2. Lal Bihari Singh, son of Late Krishna Bihari Singh, resident of VillageDharmachak, P.S.- Rajoun, District- Banka.

3. Gautam Singh, son of Late Babulal Singh, resident of Village- Bamdeo, P.S.- Rajoun, District- Banka.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Praveen Kumar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 This appeal is directed against the order dated 02.06.2017 passed in A.B.A. No. 588 of 2017 by 1st Additional Sessins Judge, Banka in connection with Rajoun P.S. Case No. 177 of 2014 registered for offences punishable under Sections 323, 354, 420, 427, 506/34 of the Indian Penal Code and sections 3(1)(X) of the SC/ST (Prevention of Atrocities) Act, whereby prayer for anticipatory bail of the petitioner has been rejected. Allegation against the appellant is of abusing the informant by his caste name and of assault.

Submission of the learned counsel for the appellant is that he has been falsely implicated in this case due to land dispute

Patna High Court CR. APP (SJ) No.2061 of 2017 (3) dt.10-08-2017 2/2 as the informant is interested to grab the land of the appellant, possession of which has been ordered by the DCLR and the same is recorded in the name of the appellant. Further submission is that appellant is on police bail.

Heard learned A.P.P. also.

Having heard both sides and in view of the allegations levelled, this appeal is not maintainable. However, appellant may surrender before the Court below within a period of four weeks and make prayer for regular bail, which will be disposed of on its own merit, if possible on the same day, taking into consideration the submissions made above, without being prejudiced by the order of this Court.

With the aforesaid observation, this appeal stands disposed of.

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