Jayendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2326 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== JAYENDRA KUMAR Son of Pradeep Prasad Resident of Village - and P.O. and P.S.- Govindpur, Dist.- Nawada.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Prabhakar Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 19-06-2019 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 03.05.2019 passed by learned Additional Sessions Judge-1st -cum- Special Judge, Nawada in connection with Govnindpur P.S. Case No. 62 of 2019 registered under Sections 341, 323, 353, 452, 307/34 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST (POA) Act, whereby the prayer for pre-arrest bail of the appellants has been rejected.

Learned counsel appearing for the appellant submits that the appellant is innocent and has not committed any offence. In fact, there is general and omnibus allegation against the appellant and specific allegation is attributed to the

Patna High Court CR. APP (SJ) No.2326 of 2019 dt.19-06-2019 2/2 appellants. The appellant has never assaulted and abused the informant. Hence, the appellants may be granted the privilege of pre-arrest bail.

Learned Special A.P.P. appearing for the State has opposed the prayer for grant of pre-arrest bail to the appellant and submitted that specific allegation of assault and hurling abuses by calling caste name to the informant is attributed to the appellant.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of pre-arrest bail to the appellant. Accordingly, the prayer for grant of pre-arrest bail to the appellant is rejected.

Accordingly, this appeal is dismissed.

(Arvind Srivastava, J) brajesh/- Uploading Date Transmission Date