Sanjay Ojha And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.29001 of 2015 (4) dt.05-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29001 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -SAHAJITPUR District- SARAN ======================================================

1. Sanjay Ojha Son of Surendra Ojha,

2. Sanat Kumar Ojha, Son of Bhola Ojha, Both are residents of village - Kolhua, Police Station - Sahajitpur, District - Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sachida Nand Rai For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sahajitpur P.S. Case No. 37 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 379 the Indian Penal Code and Section 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act.

Learned counsel for the petitioner submits that so far as the present petitioner is concerned, there is no allegation of any overt act against this petitioner. It is further submitted that the provisions of Section 3(1) (x) of the SC/ST Act shall not apply in the present case, as it is not made in public view. Considering the aforesaid submissions and also the fact

Patna High Court Cr.Misc. No.29001 of 2015 (4) dt.05-10-2015 that the petitioner has no criminal antecedent, let the petitioner, namely, Sanat Kumar Ojha son of Bhola Ojha, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Chapra in connection with Sahajitpur P.S. Case No. 37 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T