Bhondu Sao @ Niraj Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21213 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Bhondu Sao @ Niraj Kumar Son of Godhan Sao

2. Sonu Kumar @ Sonu Sao Son of Bijendra Sao

3. Shiv Sao @Shiv kumar Son of Chunnu Sao All are residents of Mohalla- Saguna Gandhi Murti, PS Danapur, Distt Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey, Advocate For the Opposite Party/s : Mr. M.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Danapur P. S. Case No. 114 of 2016 registered under Sections 147, 379, 341, 323, 504 and 506 of the Indian Penal Code and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is contended by learned counsel for the petitioners that apart from Section 379 of the Indian Penal Code and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Patna High Court Cr.Misc. No.21213 of 2016 (2) dt.24-05-2016 2/2 Act, all the offences are bailable in nature. It is further contended that there is general and omnibus allegation against the petitioners that they used abusive words against the informant. However, no specific averment has been made in the FIR regarding any abusive word spoken by any of the petitioners.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.

Regard being had to the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above 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 learned Additional Chief Judicial Magistrate, Danapur, Patna in Danapur P. S. Case No. 114 of 2016 ( G. R. No. 796 of 2016), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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