Arbind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2962 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -SC/ST District- GAYA ====================================================== Arbind Singh, S/o Moda Singh All Resident of Village-Pakri, P.S.- Fatehpur, District-Gaya.

.... .... Appellant

Versus

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

For the Appellant/s : Mr. Arbind Kumar Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of pre-arrest bail in connection with SC/ST P.S. Case No. 08 of 2017 registered for the offences punishable under Sections 341, 323, 324, 504, 506, 34 of the Indian Penal Code and Sections 3(1)(r)(s)/02(ra) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 14.9.2017 passed by Special Judge, SC/ST Act, Gaya.

Allegation against the appellant is of abusing the informant by taking his caste name and there is allegation of assaulting him and others.

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

Patna High Court CR. APP (SJ) No.2962 of 2017 (2) dt.17-10-2017 2/2 in this case.

Heard learned Special P.P., who has opposed the prayer for pre-arrest bail on the ground of maintainability. Having heard both sides and in view of the allegation, this appeal is not maintainable.

However, let appellant surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order, if possible on the same day. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U