Pankaj Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1138 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -MARKAHI District- KHAGARIA ======================================================

1. Pankaj Singh, Son of Anandi Singh,

2. Rinka Singh, Son of Naresh Singh,

3. Jhapat Singh, Son of Late Bhagwat Singh,

4. Awadhesh Singh, Son of Maheshwari Singh,

5. Girish Singh, Son of Bhola Singh, All R/o village - Khairi Dih, P.S. Morkahi, District - Khagaria .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Chandan Kumar Kashyap For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2017 The appellants seek pre arrest bail in connection with Morkahi P.S.Case No.123 of 2016 registered for offences punishable under Sections 147, 149, 341, 323 and 302 of the Indian Penal Code and section 3(1) (r)of SC/ST Act. The appellants are named in the F.I.R. and the case is made out under Section 302 of the Indian Penal Code. It has been submitted on behalf of the appellants that there is general and omnibus allegation against them but nothing specific has been attributed against them as such they deserve privilege of anticipatory bail.

Heard learned Special P.P. also, who has opposed the

Patna High Court CR. APP (SJ) No.1138 of 2017 (4) dt.28-06-2017 2/2 prayer for privilege of bail stating that there is allegation against them of causing death of brother of the informant and the case is made out under Section 302 of the Indian Penal Code also for the offences under Section 325 of the S.C. & S.T. (Prevention of Atrocities) Act, as such this appeal for privilege the anticipatory bail is not maintainable.

Having heard both sides, in view of the facts and circumstances I am not inclined to grant privilege of pre-arrest bail, hence, this appeal is dismissed and the appellants are directed to surrender before the Special court and make prayer for regular bail, which will be considered on the submissions as advanced by the learned causal for the appellants as well as on the other materials available on the record and will pass appropriate order without being prejudiced by the order of this Court, if possible on the same day.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U