Birbahadur Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55499 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -SC/ST PS District- BUXAR ======================================================

1. Birbahadur Sharma

2. Prashen Sharam@Prashenjeet Sharma

3. Mukesh Sharma All 1 to 3 sons of Rambachan Sharma

4. Vishwakarma Sharma

5. Suraj Sharma@Suraj kumar Both 4 and 5 sons of Ram Pravesh Sharma All resident of Village- Chhotka Dih, P.s Murar, District Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Ambika Bhagat(Spl .A P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. The accusation is of making assault by fists and slaps and abusing by calling caste name. It is alleged that accused persons snatched Rs. 4000/- of the informant. It is submitted by learned counsel for the petitioners that petitioners' side were assaulted including the minor children at the hands of the informant's side. However the petitioners' side filed Murar P.S. Case No. 57 of 2015 which was registered at 6:30 P.M on 12.09.2015 and thereafter the present F.I.R has been registered at 7:30 P.M on 12.09.2015

Patna High Court Cr.Misc. No.55499 of 2015 (2) dt.08-12-2015 2/2 itself.

It is submitted by learned Special P.P, S.C./S.T Act that the occurrence took place in public view. Hence, petitioners do not deserve privilege of anticipatory bail. Considering the case lodged by the petitioners' side at earlier point of time and injuries being received by the petitioners' side also, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Buxar in connection with Buxar SC/ST P.S. Case No. 27 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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