Patna High CourtCR. MISC./28949/2016disposed

Onkar Nath Sharma And ORS v. The State Of Bihar

2016-07-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28949 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -SAHPUR District- PATNA ====================================================== 1.Onkar Nath Sharma son of Chandraketu Sharma 2.Ranjan Sharma @ Ranjan Kumar

3. Amresh Kumar @ Amrish Kumar @ Ambrish Kumar Both are sons of Onkar Nath Sharma

4. Sumit Sharma @ Abhisek Kumar son of Pappu Singh

5. Nand Sharma son of Bachchan Sharma

6. Birjeshwar Sharma @ Bijayeshwar Sharma son of Late Jhalak Deo Sharma

7. Dhrub Nath Sharma son of Late Ram Ishwar Sharma

8. Shambhu Sharma son of Mathura Sharma All are resident of village- Ganghara, P.S.-Shahpur, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Usha Kumari Singh, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners seek pre-arrest bail in connection with Shahpur P.S. Case No.55 of 2016 registered under Sections 448, 147, 341, 323, 504, 506, 379 and 354 of the Indian Penal Code as well as Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short 'the SC/ST Act'). Regard being had to the provision prescribed under Section 18 of the SC/ST Act, the instant application preferred under Section 438 of the Code of Criminal Procedure is not

Patna High Court Cr.Misc. No.28949 of 2016 (3) dt.26-07-2016 2/2 maintainable.

In that view of the matter, this application is disposed of as not maintainable.

In case the petitioners surrender and seek bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

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