Bindeshwari Singh And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2147 of 2017 (2) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2147 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -SC/ST District- BHABHUA (KAIMUR) ======================================================

1. Bindeshwari Singh Son of Late Uma Shankar Singh,

2. Manoj Singh S/o Bindeshwar Singh, Both R/o Village- Barej, P.S.- Mohania, District- Kaimur.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Krishna Prasad Singh For the Respondent/s : Mr. Sadanand Paswan. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 The appellants seek pre arrest bail in connection with Bhabhua SC/ST P.S. Case No. 25 of 2017, registered for offences punishable under Sections 447, 504, 506, 384/34 of Indian Penal Code and section 3(i)(r) (s)(f)(g) of SC/ST Act. Allegation against the appellants is of abusing the informant by caste name and also demanded rangdari of Rs. 3 lac from the informant.

It has been submitted on behalf of the appellants that out and out false and concocted case has been filed by the informant and no such occurrence as alleged has ever taken place. There is land dispute between the parties and the disputed land admittedly belong to the appellants and only with a view to put pressure on the appellants, the informant has filed the present case. However,

Patna High Court CR. APP (SJ) No.2147 of 2017 (2) dt.28-07-2017 only general and omnibus allegation has been levelled against the appellants.

Learned Special P.P. opposed the prayer for bail. Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellants, as such, this appeal is not maintainable.

Let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellants that there is land dispute between the parties and only general and omnibus allegation has been levelled, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T