Patna High CourtCR. APP (SJ)/1967/2017disposed

Raj Kishor Sah v. The State Of Bihar

2017-08-25Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court CR. APP (SJ) No.1967 of 2017 (3) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1967 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Raj Kishor Sah, son of Ramdas Sah, resident of Village- Bedauli, P.S.- Lalganj, District- Vaishali.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Anish Chandra For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 The appellant seeks pre arrest bail in connection with Lalganj P.S. Case No. 43 of 2017, registered for offences punishable under Sections 341, 323, 342, 364 and 504 of Indian Penal Code and section 3(1)(x) of SC/ST Act.

Allegation against the appellant is of abusing the informant by caste name and also of tying him near the temple and assaulting him.

It has been submitted on behalf of the appellant that no specific allegation has been levelled against the appellant and further there is no injury report on record and he has falsely been implicated in this case.

Heard learned Special P.P. also.

Having heard both sides, in view of the fact that a prima

Patna High Court CR. APP (SJ) No.1967 of 2017 (3) dt.25-08-2017 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 above submissions 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) sunil/- U T