Patna High CourtCR. MISC./9888/2015bail granted

Prabhu Sah And ORS. v. The State Of Bihar

2015-03-12Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.9888 of 2015 (2) dt.12-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9888 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -SC/ST PS DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prabhu Sah son of Late Ramnarain Sah

2. Sonu kumar son of Prabhu Sah

3. Geeta Devi wife of Prabhu Sah All resident of Mohalla- Ambedkar Nagar ward No. 1, Raxaul, P.S.- Raxaul, Dist- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.03.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

The present case has been registered under the provision of SC/ST (Prevention of Atrocities) Act as well as various sections of the IPC. Section 18 of SC/ST (Prevention of Atrocities) Act restricts to entertain anticipatory bail application, if case is instituted under the provision of SC/ST (Prevention of Atrocities) Act and the court can only entertain anticipatory bail application in case of SC/ST (Prevention of Atrocities) Act, if provisions of the above stated Act do not apply to the fact of the case.

The contention on behalf of the petitioners is that informant has been set up by one Chandra Shekhar Singh who has land dispute with the petitioners and, as a matter of fact, the above stated Chandra

Patna High Court Cr.Misc. No.9888 of 2015 (2) dt.12-03-2015 Shekhar Singh is head clerk in Nagar Parishad, Raxaul and he managed the informant against the petitioners for filing the present case so-that he could pressurize and terrorize the petitioners. In support of his contention, learned counsel for the petitioners drew my attention towards annexures 2 and 3 to this petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in my view, this anticipatory bail petition is maintainable and accordingly, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in SC/ST (Motihari) P.S. Case no. 92/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.