Ajeet Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12043 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Ajeet Kumar

2. Sagar Mahton

3. Ram Babu @ Rambabu Kumar All are son of Jamindar Mahto, resident of village-Sanha, P.S.-Sahebpur Kamal, District-Begusarai. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-03-2016 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioners and Mr. Ambika Bhagat, learned Special Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Sahebpur Kamal P.S. Case No. 68 of 2015 registered under Sections 448, 341, 504, 386, 506 read with 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. It is contended that from a bare perusal of the instant FIR, it would apparent that the allegation under Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of

Patna High Court Cr.Misc. No.12043 of 2016 (2) dt.17-03-2016 2 / 2 Atrocities) Act would not be made out, as the allegation is that the petitioners confronted the informant at her residential premise where no one except the petitioners and informant was present. It is further contended that the FIR has been instituted due to the fact that the villagers wrote to the Sub-Divisional Officer, Ballia regarding the irregularities in the projects being run and being carried by the informant, who is Mukhiya of the gram panchayat concerned.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST), Begusarai in connection with Sahebpur Kamal P.S. Case No. 68 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T