Guddu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1070 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Guddu Choudhary son of Baiju Choudhary Resident of Karori Bazar, Police Station - Habibpur, District - Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Md. Najmul Hodda For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 The appellant seeks pre arrest bail in connection with Shahkund P.S. Case No. 02 of 2017, registered for offences punishable under Sections 302, 201/34 Indian Penal Code and section 3(11)(5) of SC/ST Act.

Appellant is named in the F.I.R and the case is under Section 302 and other Sections of SC/ST Act.

It has been submitted on behalf of the appellant that he has been made accused in this case only on the basis of suspicion and except that there is nothing against him. Heard learned Special P.P. also.

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 appellant, as such, this appeal is not

Patna High Court CR. APP (SJ) No.1070 of 2017 (3) dt.23-06-2017 2/2 maintainable.

Let appellant surrender before the special court and make prayer fore regular and if any such application is filed, the special court after considering the submission of learned counsel for the appellant that save and except suspicion there is nothing against the appellant, 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