Chhunnu Kumar @ Chhannu Kumar @ Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3787 of 2018 Arising Out of PS. Case No.-88 Year-2017 Thana- SAHJAHANPUR District- Patna ====================================================== Chhunnu Kumar @ Chhannu Kumar @ Gautam Kumar, S/o Sri Surendra Singh, Resident of Village- Etvari Toal- Erai, P.S.- Sahjahanpur, DistrictPatna, State- Bihar. ... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Brajesh Kumar For the Respondent/s :
Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 The appellant seeks pre-arrest bail in connection with A.B.P. No.4436 of 2018, arising out of Sahjahanpur P.S. Case No. 88 of 2017, registered for offences punishable under Sections 341, 323, 379, 504, 506 of the Indian Penal Code and Section 3(i)(r) of SC/ST (POA) Act.
Allegation as per F.I.R. is that the appellant and another accused person caught hold the informant, abused him by taking caste name and also assaulted him. Further allegation of snatching Rs. 800/- from him pocket.
Submission of learned counsel for the appellant is that he has falsely been implicated in this case and nothing specific has been attributed against the petitioner.
Heard learned Special P.P. also, who has opposed the
Patna High Court CR. APP (SJ) No.3787 of 2018(3) dt.08-01-2019 2/2 prayer for anticipatory bail of the appellant stating that even during the course of investigation name of the appellant transpired and there is allegation against him is of abusing the informant by taking caste name and also allegation of assault. Having heard both sides, considering the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the appellant, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court, if possible on the same day.
Accordingly, this appeal is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T