Jai Kant Pandit And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2099 of 2017 Arising Out of PS.Case No. -259 Year- 2016 Thana -KATORIA District- BANKA ======================================================
1. Jai Kant Pandit Son of Daro Pandit
2. Mani Pandit Son of Daro Pandit Both are resident of VillageBhandarkola, P.S. Katoria, District Banka .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Amrendra Kumar Jha, Advocate For the Respondent/s : Mr. Binay Krishna, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard the parties.
The appellants seek anticipatory bail in connection with Katoriya P.S.Case No. 259 of 2016 (G.R .No. 2783 of 2016) registered for offences punishable under Sections 341, 323, 324, 308, 504, 506/34 of the Indian Penal Code and under Sections 3 (X) (XI) SC/ST ACT.
Allegation against the appellants is calling caste name and also assaulting the informant with knife. Submission of the learned counsel for the appellants is that there is no specific allegation against them. The appellants have falsely been implicated in this case due to village politics. Heard learned A.P.P. also.
Patna High Court CR. APP (SJ) No.2099 of 2017 (3) dt.31-08-2017 2/2 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 appellants, as such, this appeal is not maintainable.
Let appellants surrender before the Special court and make prayer for regular bail and if any such application is filed, the Special Court after considering the F.I.R. as well as submissions of learned counsel for the appellants that no specific overt act has been attributed against them, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.
With this observation, this appeal is disposed of.
(Vinod Kumar Sinha, J) Sudha/- U T