Balram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4564 of 2019 Arising Out of PS. Case No.-331 Year-2017 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== BALRAM SINGH Son of Late Rajendra Singh Resident of Village- Kabirpur, P.S.- Sheikhopursarai, District- Sheikhpura.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sube Choudhary Son of Late Preman Choudhary R/o Village-Kabirpur, P.SShekhopur Sarai, District-Sheikhpura ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Umesh Prasad For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2019 Appellant seeks pre-arrest bail in connection with Sheikhpura SC/ST Case No. 1104 of 2019, arising out of Complaint Case No. 331(C) of 2017, registered for the offences punishable under Sections 323, 341, 504/34 of the Indian Penal Code and Section 3 (i)(f)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per complaint case there is allegation against the appellant and other accused persons that they abused the informant by taking caste name and tried to grab the land of the informant.

Submission of learned counsel for the appellant is that for the same occurrence three complaint petitions were lodged,

Patna High Court CR. APP (SJ) No.4564 of 2019(3) dt.16-12-2019 2/2 in one of which informant is witness and there is delay of four days in lodging of the complaint petition and allegations are false and concocted.

Heard learned Special P.P., who has opposed the prayer for pre-arrest bail of the appellant stating that there is allegation of grabbing of land of the informant which is also an offence under SC/ST Act.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant the privilege of anticipatory bail to the appellant but this appeal is disposed of with direction to the appellant to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) spal/- U T