Vinod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26820 of 2015 Arising Out of PS.Case No. -164 Year- 2013 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vinod Sah S/o Late Main Sah .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section323, 341, 504, 447/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that the wife of the informant and three others went out to ease when 23 named accused persons came from sugar cane field and they abused and assaulted the wife of the informant. Co-accused Subash Singh's motorcycle and revolver were left at the place of occurrence while fleeing away. It is submitted by learned counsel for the petitioner that accusation is not specific against the petitioner and due to previous enmity the accusation has been levelled. A statement has been made in paragraph 3 of the petition that the petitioner has no

Patna High Court Cr.Misc. No.26820 of 2015 (2) dt.21-07-2015 2/2 criminal antecedent. It is further submitted that even assuming the accusation, no case under the SC/ST Act is made out. Considering the omnibus and general nature of accusation, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Raxaul, East Champaran in connection with Adapur P.S. Case No.164 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T