Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1531 of 2017 Arising Out of PS.Case No. -554 Year- 2015 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================
1. Mukesh Kumar Son of Chandeshwar Prasad, Resident of VillageJaimala, Phulkahan, P.S.- Kanti, District- Muzaffarpur (in F.I.R.address has been written as mobile shop, Harchanda, P.S.-Kanti, District- Muzaffarpur. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Arvind Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks pre arrest bail in connection with Kanti P.S.Case No.(O.P.Panapur) 554 of 2015, registered for offences punishable under Sections 147, 447, 323, 504, 436 & 506 Indian Penal Code and Section 3 (i) (x)of SC/ST (Prevention of Atrocities) Act.
Submission of the learned counsel for the appellant is that there is general and omnibus allegation of abusing by taking caste name and also there is allegation of setting the house of the informant on fire. Moreover they have compromised the case, which will appear from Annexure-2 of this petition. Heard learned Special P.P. also, who has opposed the prayer for pre-arrest bail on the ground that there is prima facie
Patna High Court CR. APP (SJ) No.1531 of 2017 (2) dt.01-07-2017 2/2 allegation in the F.I.R. against the appellant and others. Having heard both sides and in view of allegation in the F.I.R., this appeal is not maintainable.
Let appellant surrender before the special court and make prayer for regular bail on the basis of submissions as stated above and the learned Special Judge will consider the aforesaid submissions as well as other materials available on the record and will dispose of the prayer for bail if possible on the same day. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U