Awadhesh Prasad v. The State Of Bihar
Patna High Court CR. APP (SJ) No.2239 of 2017 (2) dt.07-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2239 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Awadhesh Prasad Son of Boka Prasad, R/o Village- Jharokhar, P.S.- Jharokhar, District- East Champaran.
.... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 The appellant seeks pre arrest bail in connection with Ghorasahan P.S. Case No. 82 of 2017, registered for offences punishable under Sections 341, 323, 307, 504 of the Indian Penal Code and section 3(i)(x) of SC/ST (POA) Act.
Allegation against the appellant is of abusing the informant by caste name and also assaulted him. It has been submitted on behalf of the appellant that he has falsely been implicated in this case and only general and omnibus allegation has been levelled against the appellant. Heard learned Special P.P. opposed the prayer for bail on the ground of maintainability.
Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is
Patna High Court CR. APP (SJ) No.2239 of 2017 (2) dt.07-08-2017 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 above submission of learned counsel for the appellant that only general and omnibus allegation has been made and also after considering other materials available on record, shall pass an appropriate order, if possible, on 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