Laldeo Vishwakarma @ Laldev Vishwakarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3426 of 2018 Arising Out of PS. Case No.-51 Year-2013 Thana- SC/ST District- Gaya ====================================================== Laldeo Vishwakarma @ Laldev Vishwakarma, S/o Sidheswar Mistri, R/o Vill.- Bhimpur Majhiawan, P.S.- Konch, District- Gaya. ... ... Appellant
Versus
The State Of Bihar ... ... Respondent ====================================================== Appearance :
For the Appellant/s :
Mr.Arvind Kumar Sharma, Advocate For the Respondent/s :
Mr.Binay Krishna, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-01-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 18.4.2018 passed by Special Judge, SC/ST Act, Gaya in Trial No. 34 of 2018, arising out of SC/ST P.S.Case No. 51 of 2013, by which prayer for pre-arrest bail of the appellant has been rejected for offences under Sections 323, 504, 506/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the accused the appellant is of abusing the informant by taking his caste name and assaulting him, causing injuries to him. It further appears that the case is of the year 2013 and appellant is named in the FIR.
Submission of learned counsel for the appellant is that he has falsely been implicated in this case. However, learned counsel for the appellant is unable to satisfy this Court as to why this application has been filed after five years though he is named in the FIR. Heard learned Special P.P.
Patna High Court CR. APP (SJ) No.3426 of 2018 dt.22-01-2019 2/2 Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the appellant, rather appellant to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the aforesaid observation, this appeal is dismissed. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date