Pulpul Sharma @ Sushil Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18192 of 2015 Arising Out of PS.Case No. -40 Year- 2013 Thana -SC/ST District- AURANGABAD ======================================================

1. Pulpul Sharma @ Sushil Kumar Singh

2. Sanjiv Sharma @ Dhunmun Both sons of Umeshwar Sharma

3. Bablu Sharma @ Prabhat Kumar

4. Papu Sharma @ Kaushal Kishore Singh Both sons of Nawal Kishore Sharma All resident of village - Parasia, P.S. Jamhour, Distt. - Aurangabad .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Kamlendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with SC/ST P.S. Case No. 40 of 2013 registered under Sections 341, 323, 379, 504 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 the entire case is malicious in

Patna High Court Cr.Misc. No.18192 of 2015 (2) dt.09-09-2015 2 / 3 nature. They have been implicated by the informant for the reason that the informant of the present case along with his associates had assaulted the petitioner no. 1 Pulpul Sharma @ Sushil Kumar Singh on 02.08.2013 and for that reason, he had lodged Jamhour P.S. Case No. 108 of 2013 on 02.08.2013 under Section 307 of the Indian Penal Code.

He further submits that the police investigated the case and found the allegation made in the FIR to be false and submitted final report against the petitioners, but differing with the police report, the learned Magistrate took cognizance of the offence.

Learned counsel for the State has opposed the prayer for bail. He has submitted while differing with the police report learned Magistrate has taken cognizance under Section 3(1)(x) of the SC/ST (POA) Act.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Aurangabad in connection with SC/ST P.S. Case No. 40 of 2013 subject to the

Patna High Court Cr.Misc. No.18192 of 2015 (2) dt.09-09-2015 3 / 3 conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T