Akhilesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39449 of 2015 Arising out of PS.Case No. -45 Year- 2015 Thana -ARA HARIJAN District- BHOJPUR ======================================================

1. Akhilesh Singh, Son of Mallu Singh.

2. Laddu Singh, Son of Prayag Singh @ Prayag Yadav.

3. Bhim Yadav, Son of Jai Nath Singh.

4. Manoj Singh, Son of Prayag Singh @ Prayag Yadav.

5. Dadan Singh, Son of Sri Ram Singh. All residents of Village - Pilapur, P.S. - Jagdishpur, District - Bhojpur (Ara).

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Munna Prasad Singh, Advocate. For the Opposite Party : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2015 Heard learned counsels for the petitioners, informant and learned counsel for the State The petitioners are apprehending their arrest in connection with SC/ST P.S. Case No. 45 of 2015 (G.R. No. 3020/2015) for the offences instituted under Sections 341, 323, 379, 504/34 of the IPC and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The prosecution story, in brief, is that the informant belongs to schedule caste community and the petitioners along with co-accused persons abused and assaulted the informant and his family members causing injuries to them. They also took away a pot of toddy.

Patna High Court Cr.Misc. No.39449 of 2015 (2) dt.28-09-2015 2/2 It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that the all the Sections are bailable except for Section 379 of the IPC and the provisions of SC/ST Act. So far as Section 379 of the IPC is concerned, the same is superficial in nature. So far as the offence under SC/ST Act is concerned, the same is not applicable as it is not in public place.

On behalf of the learned counsels for the informant and the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with SC/ST P.S. Case No. 45/2015 (G.R. No. 3020/2015) on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T