Patna High CourtCR. MISC./36124/2016bail granted

Mahesh Kumar v. The State Of Bihar

2016-09-27Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36124 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -DEO District- AURANGABAD ======================================================

1. Mahesh Kumar Son of Kamlesh Kumar resident of Janta Coliny Bairagi, P.S.- Delha, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sri Ambika Bhagat ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27-09-2016 Heard the Counsel for the petitioner and the APP for the State.

Apprehending his arrest in Deo P.S. Case No. 21 of 2016 registered under minor penal provisions of the Indian Penal Code read with Section 3(1)(x) and 3(2)(vii) of the SC/ST (Prevention of Atrocities) Act, the petitioner has filed the present application for grant of anticipatory bail.

Counsel for the petitioner placed the F.I.R. and submits that the allegation of abusing in the name of caste or any disparaging remarks in the name of caste is attributed to coaccused Awadhesh Kumar, Programme Officer. There is general and omnibus allegation against the petitioner that he also abused. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, in

Patna High Court Cr.Misc. No.36124 of 2016 (2) dt.27-09-2016 2/2 the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Deo P.S. Case No. 21 of 2016 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T