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Patna High CourtCR. MISC./24102/2015bail granted

Lal Singh v. The State Of Bihar

2015-09-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24102 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================

1. Lal Singh S/o Ganga Singh resident of village - Tarha, P.O. Banma Itahari, P.S. Salkhua, 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. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Salkhua (Banma Itahari O.P.) P.S. Case No. 10/15 for the offences instituted under Sections 143, 149, 427, 436, 504, 506 of the Indian Penal Code and Section 3(1)(x)/3(2)(iii)(iv)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution story, in brief, is that one Ramchandra Sada gave written to the S.H.O. Banma Itahari O.P. alleging therein that on 23.01.2015 at 9 O' Clock in the night he was sleeping with his children. All of a sudden he saw that his house has caught fire. They started fleeing away. The brother of the informant told that the accused persons set the house on fire and threatened while fleeing away of putting him on fire and also used abusive language. The reason behind the occurrence is that the informant and his family members are

Patna High Court Cr.Misc. No.24102 of 2015 (3) dt.02-09-2015 P2/2 dwelling on the govt. land and behind his house there is private land of the accused. Therefore, they want to remove them therefrom. It has further been alleged that the informant is poor person and he has no money to build the house after purchasing the land. The informant and his brother went to the O.P. submitted written report. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is a case and counter case. There is no specific allegation made against the petitioner. Other coaccused have been granted bail vide Cr. Misc. No. 23182 of 2015 dated 21.08.2015.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Salkhua (Banma Itahari O.P.) P.S. Case No. 10/15 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Saif/- U T