Kayamat Mian v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2277 of 2017 (3) dt.24-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2277 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kayamat Mian Son of Chuganu Mian, R/o Village- Khurkhurwa, P.S.- Semara, 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. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 The appellant seeks pre arrest bail in connection with Semra P.S. Case No. 27 of 2017, registered for offences punishable under Sections 341, 323, 447, 307, 504, 506/34 of the Indian Penal Code and section 3(i) (x)(xi)) of SC/ST (POA) Act. Allegation against the appellant is of assault to the informant and his wife.

It has been submitted on behalf of the appellant that no specific allegation has been made against the appellant and further there is no allegation of abusing the informant by caste name and he has falsely been implicated in this case due to previous land dispute and other co-accused has already been granted the privilege of pre arrest bail vide order dated 27.07.2017 passed in Criminal Miscellaneous No. 2163 of 2017.

Patna High Court CR. APP (SJ) No.2277 of 2017 (3) dt.24-08-2017 Heard learned Special P.P. also.

Having heard both sides, in view of the facts and circumstances, I am not inclined to release the appellant on bail, rather 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 other co-accused has already been granted bail by this Court, 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