Khalifa Yadav @ Umesh Kumar v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2031 of 2017 (3) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2031 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -DARAUNDHA District- SIWAN ======================================================

1. Khalifa Yadav @ Umesh Kumar son of Gama Choudhary resident of village - Ramsapur, P.S. - Daraunda, District - Siwan, Bihar. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The appellant seeks pre arrest bail in connection with Daraunda P.S. Case No. 67 of 2017, registered for offences punishable under Sections 341, 323, 353, 504 and 34 of the Indian Penal Code and section 3(i)(r)(s) of SC/ST (POA) Act. Allegation against the appellant is obstructing the informant, who is an ASI from discharge of his official duty and also there is allegation of assault.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case and in fact he was a coexaminer of this case, which will appear from Annexure -2 of this petition and he was at different place at the time of alleged occurrence but he has been made accused in this case. Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.2031 of 2017 (3) dt.19-08-2017 Considering the facts and circumstances of the case, I am not inclined to grant the appellant the privilege of pre arrest bail, 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 as well as the context of annexure -2, 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