Harishankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14755 of 2016 Arising Out of PS.Case No. -148 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN (MOTIHARI) =====================================

1. Harishankar Sah, Son of Jawahar Sah @ Jawahar Lal Sah, resident of village - Chainpur, P.S. - Chhauradano, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s :Mr. Abhishek Kumar, Adv. For the Opposite Party/s :Mr. Awadhesh Kr. Singh (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chhauradano P.S. Case No.148 of 2015, disclosing offences under Sections 147, 148, 186, 189, 353, 379, 431, 427, 504 and 506 of the Indian Penal Code and Section 3(1) (x) of the Scheduled Castes and

Patna High Court Cr.Misc. No.14755 of 2016 (2) dt.03-05-2016 2/3 Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioner has submitted that the allegations are general and omnibus and vague too. He further submits that, as is evident from the First Information Report, the villagers were objecting to the action of the petitioner, who was functioning as Headmaster of upgraded Middle School, Chainpur, at the relevant point of time. He has further submitted that strictly speaking, no offence, under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is made out against the petitioner.

Considering the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, 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 learned learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, in connection with Chhauradano P.S. Case No.148 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.14755 of 2016 (2) dt.03-05-2016 3/3 petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T