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Patna High CourtCR. MISC./6658/2016disposed

Bhola Sah @ Bhola Kumar And ORS. v. The State Of Bihar

2016-02-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6658 of 2016 Arising Out of PS.Case No. -97 Year- 2015 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Bhola Sah @ Bhola Kumar Son of Ram Ugdar Sah,

2. Ram Udgar Sah, Son of Rameshwar Sah,

3. Manish Sah @ Manish Kumar Son of Sukh Deo Sah,

4. Bangali Sah, Son of Bijo Sah, All are resident of village - Phulwaria, Ward No. 01, West Tola, P.S. - Phulwaria, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashish Kumar, Adv. For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-02-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. The prosecution case is that petitioner no.1, Bhola Sah caught hold of Govind Pathak and caused bleeding injury by piercing nail which was complained on behalf of the informant and thereafter it is alleged that the accused persons restrained Gopal Kumar Rajak and abused him by calling caste name. It is also alleged that petitioner no.2 Ram Udgar Sah assaulted with iron rod on the head of the informant when petitioner no.1 Bhola

Patna High Court Cr.Misc. No.6658 of 2016 (2) dt.12-02-2016 2/2 Sah assaulted Gopal Kumar Rajak with bamboo stick and they snatched gold chain and ring and also threatened. It is submitted by learned counsel for the petitioners that for the petty dispute, the accusation has been levelled. The investigation has already concluded and final form (chargesheet) has been submitted under Sections 341, 323, 504 and 506/34 of the IPC and Sections 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.

Considering the fact that investigation has already concluded, it is a case for consideration of prayer for regular bail. Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Begusarai Phulwaria P.S. Case No. 97 of 2015 pending in the court of learned JM, 1st Class, Begusarai.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T