Prakash Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36591 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================
1. Prakash Mishra Son of Prabhu Narayan Mishra
2. Punit Pandey Son of Radha Mohan Pandey All R/o village - Jigina, P.S. Mohania, District - Kaimur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,504 and 506 of the Indian Penal Code and section 3(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
The accusation is of making assault and abusing by calling caste name.
It is submitted by the learned counsel for the petitioners that the son of one of the co accused Shashi Bhushan Pandey lodged Mohania P.S. Case No. 120 of 2015 on 4.4.2015 against the informant, thereafter the present case was lodged on
Patna High Court Cr.Misc. No.36591 of 2015 (2) dt.10-09-2015 2/2 9.4.2015 as a retaliatory measure. The accusation is not specific and the case lodged by the petitioners side is earlier in point of time.
Considering the case lodged by the petitioners side at earlier in point of time and Statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Kaimur at Bhabua in connection with Bhabua SC/ST P.S. Case No.21 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T