Kamindra Shahi @ Kabindra Shahi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17543 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -SC ST P.S. District- SIWAN ======================================================

1. Kamindra Shahi @ Kabindra Shahi son of Late Baliram Shahi

2. Gorakh Shahi son of Late Dudh Nath Shahi

3. Shashi Shahi @ Shashi Bhushan Shahi son of Gorakh Shahi

4. Nathun Shahi son of Late Kamal Shahi

5. Mahesh Shahi son of Late Rajul Shahi

6. Rameshwar Shahi son of Mahesh Shahi

7. Dashrath Shahi son of Late Rajal Shahi .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/380/427/436/504/506 of the Indian Penal Code and section 3(1) (x), (2) (iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Accusation is of attacking on the house of the informant, put his hutment on fire and abused the informant by calling caste name.

It is submitted by learned counsel for the petitioners that the petitioners claim the land by virtue of settlement in their

Patna High Court Cr.Misc. No.17543 of 2015 (2) dt.18-05-2015 2/2 favour. It is further submitted by learned counsel for the petitioners that the informant does not belong to the Scheduled Caste and Schedule Tribe rather he belongs to Other Backward Community and in the background of land dispute the accusation has been levelled when the accusation of litting fire to the hutment of the informant is not specific. The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Siwan SC/ST P.S. Case No.14 of 2015, pending before the learned Chief Judicial Magistrate, Siwan.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T