Patna High CourtCR. APP (SJ)/2641/2017disposed

Bhola Yadav @ Ravishankar Singh @ Bhola Singh v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2641 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ====================================================== Bhola Yadav @ Ravishankar Singh @ Bhola Singh, son of Sri Guljar Yadav @ Guljar Singh, resident of village Gangauli, P.S. Dalmianagar, District Rohtas .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Krishna Pd. Singh, Sr.Advocate with Mr. Mithilesh Kr. Singh, Advocate For the Respondent/s : Smt Usha Kumari No-1, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of pre-arrest bail in connection with Dehri P.S.Case No. 02 of 2017 registered for the offences punishable under Sections 341, 307, 504 of the Indian Penal Code and 3(1)(r)(s) of SC/ST Act and for setting aside the order dated 21.3.2017 passed by Additional Sessions Judge-I, Rohtas at Sasaram.

Allegation against the appellant is of abusing the informant by taking his caste name.

Submission of learned counsel for the appellant is that he has falsely been implicated in this case and no such occurrence has taken place.

Patna High Court CR. APP (SJ) No.2641 of 2017 (2) dt.11-09-2017 2/2 Learned Special P.P. has opposed the prayer for prearrest bail on the ground of maintainability and further on the ground of limitation.

Having heard both sides and in view of facts and circumstances, the appeal is not maintainable. Let appellant, above named, surrender and pray for regular bail, which shall be considered by learned Special Judge on the basis of materials on record as well as submission made above and he will pass an appropriate order, without being prejudiced by this order, if possible, on the same day. This appeal is, accordingly, disposed of.

(Vinod Kumar Sinha, J) spal/- U