Birju Lal Mandal @ Jay Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.863 of 2017 Arising Out of PS.Case No. -90 Year- 2014 Thana -HATHAURI District- SAMASTIPUR ====================================================== Birju Lal Mandal @ Jay Lal Son of Raghunath Mandal Resident of VillageParsa, Purwari Tola, P.S.-Hathauri, District-Samastipur(Bihar). .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Vinay Kumar Mishra For the Respondent/s : Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

The appellant seeks pre arrest bail in connection with Hathauri P.S. Case No. 90 of 2014, registered for offences punishable under Sections 341,323,379,506/34 of the Indian Penal Code and Section 3 (i) (x) of SC/ST Act.

Allegation against the appellant and co-accused persons is that they assaulted the informant and abused him by taking his caste name.

It has been submitted on behalf of the appellant that there is general and omnibus allegation against the appellant and no specific overt act has been attributed to him. Having heard both sides and in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act

Patna High Court CR. APP (SJ) No.863 of 2017 (4) dt.23-06-2017 2/2 is made out against the appellant, as such, this appeal is not maintainable.

Let appellant 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 appellant that no specific overt act has been attributed to him, 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) khushbu/- U T