Patna High CourtCR. MISC./6944/2015bail granted

Hanuman Sah And ORS v. The State Of Bihar

2015-03-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6944 of 2015 Arising Out of PS.Case No. -151 Year- 2013 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Hanuman Sah son of Late Panchi Sah

2. Ram Niwas Sah son of Hanuman Sah

3. Pankaj Sah son of Hanuman Sah

4. Ram Bharos Sah son of Hanuman Sah All residents of Village - Sherpur, P.S. Bhagwanpur, District Begusarai. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sandip Kumar Gautam For the Opposite Party : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 380, 448, 504/34 of the I.P.C and Section 3(1)(x)(xi) of the SC & ST (Prevention of Atrocities) Act. It is alleged that accused persons including the petitioners entered into the house of the informant, made assault, took away ornaments and cash and abused by calling caste name.

It is submitted by learned counsel for the petitioners that for the occurrence of 16.09.2013 at 5:00 AM in the morning the First Information Report was registered on 17.09.2013 at 4:30 PM. The injury report reflects the injuries to

Patna High Court Cr.Misc. No.6944 of 2015 (2) dt.03-03-2015 2/2 be simple in nature. Moreover the accusation of either assault or abuse by calling caste name is not specific rather omnibus and general.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Bhagwanpur P.S. Case No. 151 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T