Patna High CourtCR. MISC./7613/2016bail granted

Panalal Sah @ Panalal And ORS v. The State Of Bihar

2016-03-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7613 of 2016 Arising Out of PS.Case No. -21 Year- 2014 Thana -ARA HARIJAN District- BHOJPUR ======================================================

1. Panalal Sah @ Panalal

2. Mana Lal Sah, Both son of Late Tukur Sah,

3. Pappu Kumar,

4. Pankaj Kumar Both son of Panalal Sah, All R/o Village Piro, Ward No. 2, P.S. - Piro, District - Bhojpur.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Bhojpur (Ara) SC/ST P.S. Case No. 21/2014, disclosing offences under sections 341, 323, 504, 379/34 of the Indian penal Code and section 3(i)(x) of the SC/ST Act.

Learned counsel for the petitioners submits that no case under section 3(i)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is made out in view of the allegation as contained in the First Information Report, inasmuch as there is no allegation that the occurrence took place within the public

Patna High Court Cr.Misc. No.7613 of 2016 (2) dt.18-03-2016 view.

Considering the nature of dispute between the parties and the allegation, contained in the First Information Report, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Bhojpur (Ara) SC/ST P.S.Case No. 21/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U