Patna High CourtCR. MISC./8012/2016bail granted

Ajay Singh v. The State Of Bihar

2016-02-23Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8012 of 2016 Arising Out of PS.Case No. -170 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================

1. Ajay Singh son of Sri Loknath Singh, resident of village- Chandi Patti, P.S.- Karakat, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned Special P.P. for the State.

The petitioner apprehends his arrest in connection with Karakat P.S.Case No. 170 of 2015 registered for offences punishable under Sections 504 of the Indian Penal Code and Section 3(X) SC/ST Act.

The prosecution case, in brief, is on the basis of written report of the informant, Shambhu Nath Ram, that on 10.11.2015 at around 7 A.M. while he was proceeding to purchase some articles from a shop located on the chowk of the village, accused Ajay Singh arrived at the shop called him by caste name. On quizzing him about the reason, he started assaulting him by means of fists and slaps holding his collar, on account of which he

Patna High Court Cr.Misc. No.8012 of 2016 (2) dt.23-02-2016 2/3 sustained injury and as he fell down on the ground, the petitioner assaulted by means of leg. After raising alarm, he pointed pistol on his chest and threatened.

It has been submitted by the learned counsel for the petitioner that he is innocent and has committed no offence and has been falsely implicated due to dirty village politics. It has also been submitted that the petitioner has no criminal antecedent, as is evident from para-3 of this petition.

Learned counsel for the petitioner contends that although the F.I.R. has been lodged on 10.11.2015 but the same was transmitted to the Court of learned S.D.J.M., Vikramganj, District- Rohtas on 20.11.2015 which makes entire prosecution case doubtful and unrealistic. Learned counsel for the petitioner further submits that no case under section 3(X) of the SC/ST Act is made out against this petitioner.

However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R.

Be that as it may, let the above named petitioner, in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.8012 of 2016 (2) dt.23-02-2016 3/3 S.D.J.M., Bikramganj, District- Rohtas in connection with Karakat P.S.Case No. 170/2015, subject to the conditions laid down under Section 438 (2) Cr. P. C.

(Nilu Agrawal, J) Sudha/- U T