Nagendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20727 of 2016 Arising Out of PS.Case No. -413 Year- 2014 Thana -MOTIHARI MUFASIL District- EAST CHAMPARAN (MOTIHARI) ====================================================== Nagendra Sah, son of Mohar Sah, Resident of Village- Oliya Tola Pataura, P.S.- Mufassil, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III. Advocate. For the Opposite Party/s : Mr. Ram Shankar Das, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 34, 323, 427, 447, 379, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act. The informant alleged that he is a PDS shop dealer. The petitioner claimed and demanded Kerosene Oil from the informant. The informant informed him that Kerosene Oil has already been distributed. On such, the petitioner is alleged to have abused the informant by naming his caste and also damaged the banana plants of the informant. It is submitted that the occurrence did not take place in full public view. The case has been lodged on account of land dispute.

It appears that the informant made a very specific allegation against the petitioner that he abused him by naming his

Patna High Court Cr.Misc. No.20727 of 2016 (2) dt.17-05-2016 2/2 caste in full public view and in presence of the Sarpanch, namely, Lagan Mahto and the petitioner also damaged the banana plants of the informant.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Mufassil (M) P.S. Case No. 413 of 2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T