Runjhun Rai @ Prabhakar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1500 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -PHULWARIA District- BEGUSARAI ====================================================== Runjhun Rai @ Prabhakar Rai, son of Late Anil Rai, R/o village- Malti, P.S. - Fulwaria, District- Begusarai.

.... .... Appellants

Versus

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

For the Appellant/s : Mr. Vikram Deo Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks bail in connection with Phulwaria P.S. Case No. 168/2016 registered for offences punishable under sections 341, 323, 384, 385, 504, 506/34 of Indian Penal Code and Section 3(i)(x) of SC/ST (Prevention of Atrocities), Act. Allegation against the appellant is that informant Lagandeo Paswan and appellant were living in the same village, but appellant Runjhun Rai @ Prabhakar Rai demanded ransom of 2000/- for living in the village. One day appellant called the informant and abused by calling his caste name and assaulted him on his head by butt of pistol, causing head injury. Appellant alongwith four other unknown persons assaulted him by fists and slaps and threatened for dire consequences.

It has been submitted by learned counsel for the appellant that he has been falsely implicated in this case because

Patna High Court CR. APP (SJ) No.1500 of 2017 (2) dt.01-07-2017 2/2 there is previous dispute with regard to toeing the cattle near the bamboo shrub of the appellant and informant is habitually grazing the crop of the appellant. It is stated that simple and superficial abrasion injury was found on the person of the informant. The appellant is in custody since 11.04.2017.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant bail of the appellant. Accordingly, the appeal is dismissed. In view of the fact that the appellant is in custody, the Special Court is directed to expedite the trial of the appellant and conclude the same within nine months from the date of receipt of a copy of this order. If the trial of the appellant is not concluded within nine months, he shall be at liberty to renew his prayer for bail.

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