Akhilesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.942 of 2017 Arising Out of PS.Case No. -197 Year- 2016 Thana -BUDDHACOLONY District- PATNA ====================================================== Akhilesh Rai, S/o Awadh Yadav @ Awadh Rai, Resident of MohallaLodipur Budhamarg, P.S.- Budha Colony, District- Patna. .... .... Appellant/s
Versus
The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Rajeev Kumar For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.
The appellant seeks pre arrest bail in connection with Budha Colony P.S. Case No. 197 of 2016, registered for offences punishable under Sections 406,418,467,468,120 (B) of the Indian Penal Code and Section 3 (i) (x) of SC/ST (Prevention of Atrocities) Act.
Allegation against the appellant and co-accused persons is with regard to cheating informant by selling the land and when she requested to return the amount given to them against the purchased land, the accused persons started abusing and assaulting the informant by taking her caste name.
It has been submitted on behalf of the appellant that
Patna High Court CR. APP (SJ) No.942 of 2017 (5) dt.23-06-2017 2/2 there is general and omnibus allegation against the appellant and no specific overt act has been attributed to him. Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellant, as such, this appeal is not maintainable.
Let appellant surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellant shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) khushbu/- U T