Patna High CourtCR. APP (SJ)/2502/2017disposed

Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

2017-09-21Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court CR. APP (SJ) No.2502 of 2017 (3) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2502 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -SC ST District- VAISHALI(HAJIPUR) ======================================================

1. Sanjay Singh @ Sanjay Kumar Singh Son of Awadh Bihari Singh, R/o Village- Kashipur Patel Tola, P.S.- Raja Pakar, District- Vaishali. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anil Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 The appellant seeks pre arrest bail in connection with Hajipur SC/ST P.S. Case No. 09 of 2017, registered for offences punishable under Sections 326, 307, 420 and 406 of the Indian Penal Code and section 3(i)(v) of SC/ST Act.

Allegation against the appellant and other accused persons is that the they forcibly made the informant to connect the electric wire to pole and on protest and they abused the informant by caste name and due to fear he tried to connect the electric wire to pole but he received electrical shock and got himself burnt due to which his left and thumb of the right leg had to be amputated. It has been submitted on behalf of the appellant that no specific allegation has been made against the appellant and further there is delay of three months in lodging the case.

Patna High Court CR. APP (SJ) No.2502 of 2017 (3) dt.21-09-2017 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 bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellant that no specific allegation has been made 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