Jitendra Singh @ Jitendera Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34520 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Jitendra Singh @ Jitendera Singh son of Late Gaya Singh

2. Pramod Singh @ Binod Singh son of Late Lalan Singh

3. Budhani @ Pramod Singh son of Late Sidheshwar Singh All resident of village Sauray P.S.- Rajgir, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl.A. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,149,342,323,337,504 and 506 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

It is alleged that the accused persons were fishing in a pond situated near the cremation ground, in the meantime Laxman Rajbanshi also started fishing in the pond when petitioner nos. 1 and 2 alleged to have assaulted Laxman Rajbanshi as a

Patna High Court Cr.Misc. No.34520 of 2015 (2) dt.25-08-2015 2/2 result he became unconscious. It is further alleged that the accused persons abused Laxman Rajbanshi by calling caste name. It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general and for petty dispute the accusation has been levelled. It is further submitted by learned counsel for the petitioners that co accused persons have been granted anticipatory bail vide Cr. Misc. Nos. 20103, 23333 and 24868 of 2015.

Mr. Ambika Bhagat, learned Special P.P. submitted that the occurrence took place in public view. Considering the accusation in the background of dispute with regard to fishing in a pond, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Rajgir P.S. Case No. 25 of 2015 pending in the court of learned CJM, Nalanda. This application is disposed of with the aforesaid observation/direction.

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