Anwar Hussain And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44186 of 2015 Arising Out of PS.Case No. -251 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anwar Hussain son of Miyajan Ansari

2. Jagdish Prasad son of Ram Briksha Prasad

3. Hari Kishore Prasad son of late Bujhawan Prasad All are residents of village Jitaura, P.S.Madhuban, District East Champaran at Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Petitioner No. 1 being Chairman of the PACS and petitioner Nos. 2 and 3 being co-villagers of petitioner Nos. 1 are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 427, 379, 448, 353, 504, 34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act.

The prosecution case as per written report of the B.D.O, Madhuban is to the effect that petitioners on 05.08.2015 entered into the office of the informant and abused Mukesh Ram and other staffs and took away documents relating to crop input and also smashed the documents. It is submitted by learned counsel for the petitioners that for the same incidence, Mukesh Ram being Agricultural Adviser lodged Madhuban P.S. Case No. 254 of

Patna High Court Cr.Misc. No.44186 of 2015 (2) dt.29-10-2015 2/2 2015 on 11.08.2015. The petitioner No. 1 being Chairman of the PACS made complaint against the informant for irregularities being committed. Hence, as a retaliatory measure the present F.I.R was lodged.

Considering the nature of accusation and the complaint being made by the petitioner's side at earlier point of time before the authorities, it is a case for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Madhuban P.S. Case No. 251 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, East Champaran at Motihari. With the observations above, the application stands disposed off.

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