Praveen Kumar @ Praveen Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1298 of 2018 Arising Out of PS. Case No.-526 Year-2017 Thana- BIHTA District- Patna ====================================================== Praveen Kumar @ Praveen Kumar Singh ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Arun Sharma For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 Heard the parties.
The appellant seeks anticipatory bail in connection with Bihta P.S.Case No. 526 of 2017, registered for offences punishable under Sections 323, 341, 504, 506/34 of the Indian Penal Code and Section 3 (i) (r) of the SC/ST Act. Allegation as per F.I.R. against the appellant is of abusing the informant by his caste name and also assaulted the informant with fists and slaps, causing injury in his eyes. Submission of the learned counsel for the appellant is that the appellant has not committed any offence and he has falsely been implicated in this case and no independent witness was present at the place of the occurrence and the appellant has no criminal antecedent.
Learned Special P.P. as well as learned counsel for
Patna High Court CR. APP (SJ) No.1298 of 2018(7) dt.05-03-2019 2/2 the informant opposes the prayer of bail on the ground that paragraphs Nos. 7, 8 and 9 of the case diary itself shows that all the witnesses have supported the allegation.
Having heard both sides and in view of the facts and circumstances as discussed above, the case of the appellant is concerned, I am not inclined to grant bail to the appellant, accordingly, prayer of anticipatory bail is rejected with a direction to the appellant that if the appellant surrender before the court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available on record.
This application is accordingly dismissed.
(Vinod Kumar Sinha, J) sudha/- U T