Ramhit Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28365 of 2016 Arising Out of PS.Case No. -240 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Ramhit Mahto S/o Laxmi Mahto

2. Lalo Mahto S/o Ramhit Mahto All residents of Village - Birsahaiya, P.S. Bibhutipur, District Samastipur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Ram Shankar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

27-07-2016 Heard Sri Bijay Bhushan Prasad, learned counsel for petitioners and learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Bibhutipur P.S. Case No. 240 of 2015 registered for the offence under Sections 341, 323, 324, 379, 436, 504/34 of the Indian Penal Code and Section 3 (i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), have prayed for grant of anticipatory bail. Learned counsel for petitioners submits that there was land dispute in between the parties and there was no specific accusation against the petitioners. There was only general and omnibus allegation against the petitioners. He further submits that on perusal of the F.I.R., there is no ingredient for application of

Patna High Court Cr.Misc. No.28365 of 2016 (2) dt.27-07-2016 2/2 offences under the SC/ST Act and it is a fit case for grant of anticipatory bail, whereas, on going through the F.I.R., the Court is satisfied that it is not a case of grant of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T