Anurag Kumar @ Chhote Singh And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32334 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Anurag Kumar @ Chhote Singh S/o Bijay Singh

2. Bijay Singh @ Bijay Kumar S/o Late Sarvdeo Pd. Singh Both are R/o Village Manjhaul, P.S. Cheria Basairpur, District Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kailash Paswan S/o Rameshwar Paswan R/o Village Kasara, P.S. Cheria Bariyarpur, District Begusarai.

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 323,341,504 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioners submits that admittedly the occurrence has taken place at the doorstep of the complainant and further at the Bathan of the accused persons and not in a public place. He submits that in view of such facts and circumstances, the provision of Section 3(i)(x) of the Scheduled

Patna High Court Cr.Misc. No.32334 of 2015 (2) dt.17-08-2015 P2/2 Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would not be applicable and as such the petitioners may be extended benefit of anticipatory bail. He further submits that the nature of allegations are also such which have originated on account of previous land dispute and for the said reason, they have been made accused in the present case.

Considering the aforementioned facts, let the petitioners above named, in the event of their arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Compliant Case No. 84 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T