Mukesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2990 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -BHARGAWAN District- ARRARIA ====================================================== Mukesh Bhagat .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sudish Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 The appellant seeks pre arrest bail in connection with Bhargama P.S. Case No. 103 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 379 and 504/34 of the Indian Penal Code and section 3(i)(r) of SC/ST Act. Allegation against the petitioner is of firing on the informant causing injury to informant and one other. It has been submitted on behalf of the appellant that out and out false and fabricated case has been lodged against the appellant and there is no injury report available on record to substantiate the allegations. Further other co-accused persons have already been granted the privilege of anticipatory bail vide order dated 20.09.2017 passed in Cr. Appeal (SJ) No. 2584 of 2017 Heard learned Special P.P. also.

Having heard both sides, considering the facts and

Patna High Court CR. APP (SJ) No.2990 of 2017 (2) dt.17-10-2017 2/2 circumstances of the case, I am not inclined to grant the privilege of pre arrest bail to the appellant, rather appellant should surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the above submission of learned counsel for the appellant and also after verifying the injury report, shall pass an appropriate order, 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