Bharat Singh v. The State Of Bihar
Patna High Court CR. APP (SJ) No.1920 of 2017 (2) dt.05-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1920 of 2017 Arising Out of PS.Case No. -298 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Bharat Singh .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Rakesh Ranjan For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The appellant seeks pre arrest bail in connection with Sahebganj P.S. Case No. 298 of 2014, registered for the offences punishable under Sections 341, 323, 504/34) of the Indian Penal Code and Section 3(1) (x) of the SC/ST (POA) Act. Allegation against the appellant is that he along with other accused persons intercepted the informant and assaulted him and also abused him by taking her caste name also. It has been submitted on behalf of the appellant that he has falsely been implicated in this case and no occurrence as alleged has taken place. It has also been submitted that one of the co-accused has already been granted anticipatory bail by this court vide order dated 21.05.2016 vide Cri. Misc. No. 51223 of 2014.
Heard learned Special P.P. also.
Patna High Court CR. APP (SJ) No.1920 of 2017 (2) dt.05-07-2017 Having heard both sides, in view of the facts and circumstances stated above, I am not inclined to grant privilege of pre arrest bail to the appellant rather appellant surrender before the Special Court and make prayer for regular bail, and if any such application is filed, the learned Special Judge after considering this aspect of the matter that there is general and omnibus allegation and other co-accused has already been granted bail, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of his Court. With the above observation, this appeal is disposed of accordingly.
(Vinod Kumar Sinha, J) siddharth/- U T