Abhay Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1617 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================
1. Abhay Kumar Singh, Son of Late Ganga Sagar Singh Resident of Village-Lodipur, P.S.-Mahnar, District-Vaishali.
2. Vijay Kumar Singh, Son of Late Mahendra Prasad Singh, Resident of Village-Vasudeo Chandel, P.s.-Mahnar, District-vaishali. .... .... Appellants
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Manoj Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The appellants seek pre-arrest bail in connection with Manhar P.S.Case No. 3 of 2017, registered for offences punishable under Sections 447, 448, 341, 342, 323, 380, 427, 504, 506/34 of the Indian Penal Code and Sections 3(i)(a) & 3(2)(va) of SC/ST Act.
Submission of learned counsel for the appellants is that they have been falsely implicated in this case and the story as made in the FIR is that they pressurized the informant to file a case, which is unbelievable. It is further submitted that there was some dispute between the parties and in that connection, the appellants have been made accused in this case making false allegation of abusing the informant.
Patna High Court CR. APP (SJ) No.1617 of 2017 (3) dt.02-08-2017 2/2 Learned Special P.P. also, who has opposed the prayer for pre-arrest bail stating that there is prima facie allegation against the appellants.
Having heard both sides and in view of facts and circumstances, as stated above, this appeal is not maintainable. Let the appellants surrender before the court of Special Judge and make prayer for regular bail, which will be considered by the Special Judge and disposed of on the basis of materials available on record and the submission made above, if possible on the same day, without being prejudiced by this order. This appeal is disposed with the above observation. (Vinod Kumar Sinha, J) spal/- U