Bijay Chourasia v. The State Of Bihar

Patna High Court Cr.Misc. No.21358 of 2016 (2) dt.25-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21358 of 2016 Arising Out of PS.Case No. -229 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Bijay Chourasia S/o Late Shambhu Chourasia, Resident of VillageShobhani, P.S.- Gangour, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Khagaria (Gangour) P.S. Case no. 229 of 2016 under sections 341, 323, 325, 307, 504, 506 of the Indian Penal Code and section 3(x) of the S.C./S.T. (Prevention of Atrocities) Act. Regard being had to the nature of allegation made in the first information report and in view of Section 18 of the S.C./S.T.(Prevention of Atrocities) Act, the present application preferred under section 438 of the Code of Criminal Procedure, 1973 is not maintainable.

In that view of the matter, this application is disposed of as not maintainable. In case the petitioner surrenders

Patna High Court Cr.Misc. No.21358 of 2016 (2) dt.25-05-2016 and seeks bail, the same shall be considered on its own merit without being prejudiced, in any manner, by the order of this Court.

(Ashwani Kumar Singh, J) Amin/- U