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Patna High CourtCR. APP (SJ)/1135/2017disposed

Dharamveer Kumar v. The State Of Bihar

2017-06-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1135 of 2017 Arising Out of PS.Case No. -372 Year- 2015 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Dharamveer Kumar Son of Late Fulena Rai, resident of village - Gaura, P.S. Teghra, District - Begusarai .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ajay Kumar Thakur Mr. Nilesh Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2017 The appellant seeks pre arrest bail in connection with A.B.A.No.362 of 2017 arising out of Teghra P.S.Case No.362 of 2017 arising out of Teghra P.S.Case No.372 of 2015, registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(II)(iii) of the S.C. & S.T. (Prevention of Atrocities) Act.

The appellant is not named in the F.I.R. and later on his name transpired during the course of investigation of the case under Section 302 of the Indian Penal Code as well as under Section 323 of the S.C. & S.T. (Prevention of Atrocities) Act and 27 of the Arms Act.

It is submitted on behalf of the appellant that he has been made accused on the basis of suspicion and there is nothing

Patna High Court CR. APP (SJ) No.1135 of 2017 (5) dt.28-06-2017 2/2 available on the record to show as to how he has been made accused in this case.

Heard learned Special P.P. also.

Having heard both sides, in view of allegation, I am not inclined to grant privilege of pre-arrest bail to the appellant, hence, this appeal is dismissed and the appellant is directed to surrender before the Special court and make prayer for regular bail, which will be considered on the submissions as advanced by the learned causal for the appellant along with the other submissions and the learned Special Judge will pass appropriate order after perusal of the materials available on the record, if possible on the same day. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U