Ram Baidehi Choudhary @Ram Baidehi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.32 of 2017 Arising Out of PS.Case No. -32 Year- 2011 Thana -BISHUNPUR District- DARBHANGA ======================================================

1. Ram Baidehi Choudhary Son of Thakko Choudhary Resident of VillagePanchobha, Police Station Bishanpur, District Darbhanga .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Shivendra Kumar Sinha For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Present appeal has been preferred by the appellant under Section 14A(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities ) Act, for grant of pre arrest bail in connection with Bishanpur P.S. Case No. 32 of 2011 for the offences punishable under Sections 147, 148, 149, 323, 452, 307, 436, 427, 387, 504 and 380 Indian Penal Code and Section 3(x) of SC/ST Prevention of Atrocities Act.

Appellant is named in the F.I.R and the prosecution case as per F.I.R is that an altercation took place between the parties due to casting of vote in a particular election and, thereafter, unlawful assembly arrived at Ambedkar Chowk and damaged the idol and also set on fire house of the informant due to which several house hold articles were burnt.

It has been submitted on behalf of the appellant that though appellant has been named in the F.I.R, however no specific

Patna High Court CR. APP (SJ) No.32 of 2017 (4) dt.16-05-2017 2/2 allegation has been attributed to him. He can only be said to be a member of mob and all the allegations are only general and omnibus in nature and as such no case under the above mentioned Sections of Indian Penal Code as well as SC/ST (Prevention of Atrocities ) Act, is made out against the appellant. Learned Special Public Prosecutor opposed the prayer for pre-arrest bail stating that there is allegation against the appellant in the F.I.R.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to grant the privilege of pre arrest bail to the appellant, accordingly, this appeal is dismissed.

Let appellant surrender before the court below and make prayer for regular bail and if any such application is filed, the court below after examining the fact that as to whether any specific allegation has been levelled against the appellant, shall pass an appropriate order, if possible on the same day, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T