Kara Mahto @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2764 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -KAUAKOL District- NAWADA ====================================================== Kara Mahto @ Mithun Kumar, S/o Kapil Mahto, R/o Vill-Ps- Kawakol, Distt.-Nawada, .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Amresh Kumar Sinha For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of pre-arrest bail in connection with Kawakol P.S. Case No. 33 of 2016 registered for the offences punishable under Sections 341, 323, 504, 506, 302, 34 of the Indian Penal Code and 3(i)(xi), 3(x)(ii)(v) of SC/ST Act and for setting aside the order dated 14.7.2017 passed by 1st Additional Sessions Judge, Nawada.

Appellant is named in the FIR and the case is under Section 302 IPC and other sections of SC/ST Act. Submission of learned counsel for the appellant is that no specific allegation has been attributed against him and at best allegation is of assisting the main accused.

Patna High Court CR. APP (SJ) No.2764 of 2017 (2) dt.21-09-2017 2/2 Learned Special P.P. has opposed the prayer for prearrest bail of the appellant on the ground of maintainability. Having heard both sides and in view of facts and circumstances, this appeal is not maintainable. Let appellant, above named, surrender and pray for regular bail, which will be considered by learned Special Judge on its own merit, without being prejudiced by this order. This appeal is, accordingly, disposed of with the above observation.

(Vinod Kumar Sinha, J) spal/- U