Sandeep Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.729 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Sandeep Anand, aged about 52 years, S/o Late Ashok Kumar Das, R/o Vikramshila Colony, Bhagalpur, P.S.- Tilka Manjhi, District- Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arvind Kumar Sharma For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 The appellant seeks anticipatory bail in connection with Kotwali (Tilka Manjhi) P.S. Case No. 14/2017, registered for offences punishable under Sections 302, 337, 120B/34, Section 4 of POCSO Act and Section 3(II)(V) of SC/ST Act. Allegation against the appellant and other co-accused persons of this case is of killing the son of the informant. It has been submitted on behalf of the appellant that he has falsely been implicated in this case with ulterior motive and in fact the deceased committed suicide. Further there is no evidence against the appellant so as to prove the offences under the above mentioned sections.

Heard learned Special Public Prosecutor as well as learned counsel for the informant. They have opposed the prayer

Patna High Court CR. APP (SJ) No.729 of 2017 (4) dt.19-05-2017 2/2 for bail and submitted that there are materials against the appellant in the case diary, which shows the involvement of the appellant in the said offence.

Having heard both sides, considering the aforementioned facts and circumstances and the nature of allegation, I am not inclined to grant the appellant the privilege of pre-arrest bail, accordingly, this appeal is dismissed.

Let appellant surrender before the Court below and make prayer for regular bail and if any such application is filed, the court below after considering the materials available on record shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunil/- U T