Patna High CourtCR. APP (SJ)/1720/2017disposed

Rajan Kumar @ Ashik Kumar @ Ashik And ORS v. The State Of Bihar

2017-08-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1720 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajan Kumar @ Ashik Kumar @ Ashik, Son of Anil Pd. Kushwaha,

2. Kundan Kuamr, Son of late Bharat prasad,

3. Sajan Kumar @ Sajjan Kumar, Son of Anil Pd. Kushwaha,

4. Bhushan Kuamr,

5. Ashok Kuamr , Both are Sons of Yogi Bhagat , All are Residents of Village- Bishunpura, P.S.- Pipara, District- East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Vijay Shankar Shrivastava For the Respondent/s : Mr. Binay Krishna, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard the parties.

The appellants are apprehending their arrest in Pipra P.S.Case No.115/16 for the offence under Sections 341,323, 504, 506 of I.P.C. and Section 3 (X) (XI) (XIV) S.C./S.T. Act Allegation as per the written report against the appellants is of abusing, assaulting telling caste name and obstructed informant from going temple to worship there. Submission of the learned counsel for the appellants is that no such occurrence has taken place as they were making noise pollution. As such, they objected the appellant and others due to that they have been falsely implicated in this case.

Patna High Court CR. APP (SJ) No.1720 of 2017 (3) dt.21-08-2017 2/2 Heard learned Special P.P. also on the ground of enmity.

Having heard both sides, this appeal is not maintainable, rather the appellants to surrender before the court of Special Judge and pray for regular bail which will be considered on its own merit without being prejudiced by this order, if possible, on the same day.

With the aforesaid observation, this appeal is disposed of.

(Vinod Kumar Sinha, J) AnilKrSinha/- U