Patna High CourtCR. MISC./5894/2015bail granted

Ajit Mahto @ Ajit Singh v. The State Of Bihar

2015-02-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5894 of 2015 (2) dt.13-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5894 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -GAYA HARIZAN District- GAYA ======================================================

1. Ajit Mahto @ Ajit Singh S/o Vidyanand Mahto @ Vidyanand Singh @ Vidya Bhushan Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sadanand Paswan(Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2015 Heard learned counsel for the petitioner as well as learned Special Public Prosecutor for the State. All the sections are bailable except Section 3 (ii) (x) of S.C./S.T. (Prevention of Atrocities) Act.

The submission on behalf of the petitioner is that present case has been instituted with mala fide intention in retaliation of Tekari (Panchanpur) P.S. Case No. 370 of 2014 which was lodged by the petitioner against the informant of this case on 04.12.2014 for the occurrence of the same day whereas the present case was lodged on 08.12.2014 for the occurrence of 04.12.2014 and, therefore, the provision of S.C./S.T. (Prevention of Atrocities) Act is not applicable in the present case. Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.5894 of 2015 (2) dt.13-02-2015 well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Gaya in Gaya SC/ST P.S. Case No. 100 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T