Sanjay Kumar Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55447 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -SC/ST District- PURNIA ======================================================
1. Sanjay Kumar Mishra son of Panchanand Mishra
2. Panchanand Mishra, son of Late Shivanand Mishra Both are resident of Shivaji Colony, P.S. K. Hat (Madhubani), DistrictPurnea .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-12-2015 Heard learned counsels for the petitioners and the State.
The 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 3(1)(x) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that informant was engaged as labour by co-accused Akshay Kumar Mishra then he was being assaulted and abused by calling caste name. It is submitted by learned counsel for the petitioner no injury was actually caused to the informant. For the occurrence of 01.10.2015 at 11.00 A.M. the FIR was registered
Patna High Court Cr.Misc. No.55447 of 2015 (2) dt.07-12-2015 2/2 on 02.10.2015 at 9.15 A.M. There is a counter version of the occurrence and the occurrence took place in the premises of Akshay Kumar Mishra, hence, it cannot be treated to be the place of public view. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the their event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Purnea in connection with SC/ST P.S. Case No. 57 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T