Patna High CourtCR. APP (SJ)/1663/2017disposed

Mukhlal Sah v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court CR. APP (SJ) No.1663 of 2017 (3) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1663 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mukhlal Sah, son of Ramayan Sah, resident of Village- Siswariya, P.S.- Chanpatiya, District- West Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Bimlesh Kumar Pandey For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The appellant seeks pre arrest bail in connection with Chanpatiya P.S. Case No. 65 of 2016, registered for the offences punishable under Sections 342, 323, 324, 307, 302 and 120(B) of the Indian Penal Code and Section 3(i) (x) (2) (V) of the SC/ST (POA) Act.

The appellant has been made accused in a case under Section 302 as well as under Section 3(i) (x) (2) (V) of the SC/ST (POA) Act.

It has been submitted on behalf of the appellant that there is general and omnibus allegation of assault and injury are simple in nature and further it has been submitted that as a matter of fact there was free fight between the son of both the parties and they have falsely been implicated in this case.

Patna High Court CR. APP (SJ) No.1663 of 2017 (3) dt.05-07-2017 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 maintainable.

Let appellant surrender before the special court and make prayer for regular 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 his Court. With the above observation, this appeal is disposed of accordingly.

(Vinod Kumar Sinha, J) siddharth/- U T