Patna High CourtCR. APP (SJ)/2297/2017disposed

Raja Singh And ORS v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2297 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -BARH District- PATNA ======================================================

1. Raja Singh, Son of Anil Singh.

2. Vicky Kumar, Son of Anil Singh.

3. Rajesh Singh, Son of Satish Singh.

4. Sandip Kumar Singh, Son of Mahesh Singh, All resident of VillageBurahanpur, P.S. Barh, District- Patna. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Ashok Kumar Kashyap, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard learned counsel for the appellants and learned Special P.P. for the State.

The appellants seek pre arrest bail in connection with Barh P.S. Case No. 92 of 2017 registered for offences punishable under Sections 341,323,324,307 and 34 of the Indian Penal Code and 3(1) (r) of SC/ST Act.

Allegation as per FIR against the appellants is of abusing the informant by taking his caste name and further assaulting the informant.

Submission of the learned counsel for the appellants is that no specific allegation of abusing and assaulting is attributed against them and they have no criminal antecedent.

Patna High Court CR. APP (SJ) No.2297 of 2017 (4) dt.18-09-2017 2/2 Learned Special P.P. has opposed the prayer for pre arrest bail of the appellants on the ground of maintainability. Having heard both sides, in view of the facts and circumstances of the case, this appeal is not maintainable. Let appellants surrender within a period of four weeks and pray for regular bail, which shall be considered by learned Special Judge on the basis of materials available on record, preferably on the same day, without being prejudiced by this order.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) khushbu/- U T