Bipul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8943 of 2016 Arising Out of PS.Case No. -210 Year- 2006 Thana -RANIGANJ District- ARRARIA ====================================================== Bipul Singh Son of Shri Bal Mukund Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a protestcomplaint petition wherein in processes have been directed to be issued after cognizance being taken under sections 148, 149, 323, 341, 342, 354, 384, 504/34 of the Indian Penal Code and section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Prosecution case is that on 08.07.2006, the accused persons came variously armed damaged the house of the informant constructed under Indira Awas scheme and carried the bricks on the tractor. On protest being made by the wife of the informant, she was abused by calling caste name.

It is submitted by learned counsel for the petitioner that though the complaint was filed in 2006 but on conclusion of

Patna High Court Cr.Misc. No.8943 of 2016 (2) dt.25-02-2016 2/2 investigation the petitioner was not sent up for trial but differing with the final form (charge-sheet), vide order dated 31.01.2012, the learned CJM, Araria, took cognizance under sections 148, 149, 323, 341, 342, 354, 504/34 of the Indian Penal Code and section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Thereafter, processes were never served on the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering that on conclusion of investigation, the petitioner was not sent up for trial, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-1, Araria in connection with Raniganj (Bounsi) P.S. Case No.210/2006, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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