Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1255 of 2017 Arising Out of PS.Case No. -96 Year- 2016 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Raja Yadav Son of Laxman Yadav @ Laxmi Yadav, Resident of VillageManiyar Chak, P.S.- Piri Bazar, District- Lakhisarai. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 The appellant seeks pre arrest bail in connection with Piri Bazar P.S. Case No. 96 of 2016, registered for offences punishable under Sections 341, 323, 504, 506 and 307/34 of Indian Penal Code and section 3(1)(r)(s), 2(v)(a), 2(v) of SC/ST (POA) Act. Allegation against the appellant that he has abused the informant by taking his caste name and also assaulted him. It has been submitted on behalf of the appellant that with respect to the same occurrence, a case has been lodged by the appellant and only to save his skin from that case, the present false case has been filed by the informant. It has further been submitted that though there is allegation of assault, however, injury report suggests that the injuries caused to informant was simple in nature. Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.1255 of 2017 (2) dt.30-06-2017 2/2 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 that that there is case and counter case between the parties, shall dispose of the bail application of the appellant, 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