Patna High CourtCR. MISC./22257/2015disposed

Mohit Swarnkar @ Pammi @ Mohit Kumar @ Mohit Kumar Pamy v. The State Of Bihar

2015-05-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22257 of 2015 Arising Out of PS.Case No. -20 Year- 2014 Thana -SC/ST District- SAHARSA ======================================================

1. Mohit Swarnkar @ Pammi @ Mohit Kumar @ Mohit Kumar Pamy son of Umesh Swarnkar, resident of Mohalla- Mosomat Pokhar Saharsa, P.S. and District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 323,341 and 307/34 of the Indian Penal Code and sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that while the informant was returning on motorcycle to his house, the accused persons obstructed the way, took away key of the motorcycle when co accused Raman yadav opened fire, co accused Ravi Bhagat attacked with knife and the petitioner and others made assault with fists and slaps to the informant.

Patna High Court Cr.Misc. No.22257 of 2015 (2) dt.21-05-2015 2/2 It is submitted by the learned counsel for the petitioner that even assuming the accusation against the petitioner, no case under section 307 IPC is made out. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute grounds for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioners surrender within six weeks from today in connection with SC/ST P.S. Case No. 20 of 2014 pending in the court of learned CJM, Saharsa.

This application is disposed of with the aforesaid observation/direction.

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