Umesh Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28124 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================
1. Umesh Sah Son of Sri Brsipati Sah,
2. Fulchand Sah, Son of Sri Dinesh Sah,
3. Pappu Sah @ Pappu Kumar Son of Sri Umesh Sah, All R/o VillageMajharpatti, P.S.- Udakishunganj, District- Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat(Spl .A P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-07-2015 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 379, 354(A), 504 of the Indian Penal Code and Section 3(i) (x) of the S.C./S.T. Act registered in connection with Udakishanganj P.S. Case No. 19 of 2015.
3. It is submitted that the petitioners have been falsely implicated owing to existing land dispute between the parties in Land Dispute Resolution Case No. 25 of 2011-12. The petitioner no. 2 has himself sustained injury on the head and he is the victim rather
Patna High Court Cr.Misc. No.28124 of 2015 (2) dt.28-07-2015 than the persecutor. The offences under S.C/S.T. Act are not made out as even according to the FIR the occurrence took place on the empty piece of land and thus not in public view.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Udakishanganj, District Madhepura in connection with Udakishanganj P.S. Case No. 19 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J) Chandran U T