← Library
Patna High CourtCR. APP (SJ)/2119/2017disposed

Ambika Singh v. The State Of Bihar

2017-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2119 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ====================================================== Ambika Singh, son of Raman Singh, resident of Village-Chiraiadih, P.S. Katakat, District-Rohtas.

.... .... Appellant

Versus

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

For the Appellant/s : Mr. Surendra Kumar Mishra For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of pre-arrest bail to the appellant in connection with SC/ST Dehri P.S.Case No. 72 of 2016 registered for the offences under Sections 379, 341, 323, 504, 506 of the Indian Penal Code and 3(1)(r)(s) of SC/ST Act and for setting aside the order dated 26.4.2017 passed by learned Additional District & Sessions Judge-I, Rohtas at Sasaram. Allegation against the appellant is of abusing the informant by taking his caste name.

Submission of learned counsel for the appellant is that the appellant has falsely been implicated in this case and during investigation none of the witnesses has supported the prosecution

Patna High Court CR. APP (SJ) No.2119 of 2017 (3) dt.30-08-2017 2/2 case and there is land dispute between the parties from before. Learned Special P.P. has opposed the prayer for prearrest bail on the ground of maintainability of this appeal. Having heard both sides and in view of facts and circumstances, this appeal is not maintainable. Let appellant surrender and pray for regular bail, which shall be considered on the basis of submission made above as well as materials available on record and disposed of by the court below without being prejudiced by this order, if possible, on the same day.

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