Kanta Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1798 of 2017 Arising Out of PS.Case No. -491 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Kanta Yadav, S/o Late Bhola Singh, resident of Village- Supanchak, P.S.- Fatuha, District- Patna.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Rajeev Kumar For the Respondent/s : Mr. Binay Krishna. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2017 The appellant seeks pre arrest bail in connection with Fatuha P.S. Case No. 491 of 2016, registered for offences punishable under section 3(1)(W) of SC/ST Act. Allegation against the appellant that he abused the informant by taking his caste name.

It has been submitted on behalf of the appellant that he has been made accused in this case due to village rivalry and no such occurrence as alleged has ever taken place. Further the appellant is ready to abide by any condition imposed on him for grant of bail.

Heard learned Special P.P. also.

Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is

Patna High Court CR. APP (SJ) No.1798 of 2017 (2) dt.03-07-2017 2/2 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 and also the material available on record, 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