Arun Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53091 of 2015 Arising Out of PS.Case No. -217 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Arun Jha, son of late Nathuni Jha

2. Bittu Kumar, son of Munn Jha @ Sanjay Jha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-11-2015 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, 506, 447, 379/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution case is that when the informant scolded son of co-accused Manoj Sah, who was plucking 'litchi' from the orchard of the informant, then accused persons came

Patna High Court Cr.Misc. No.53091 of 2015 (2) dt.23-11-2015 2/3 abused the informant by calling caste name and snatched Rs.150/-.

It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled and for the occurrence of 13.05.2015 at 10.30 am, the FIR was registered on 16.05.2015 at 10.20 am. Moreover, statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. It is further submitted that co-accused have been granted anticipatory bail vide Criminal Miscellaneous Nos.51482 and 52170 of 2015.

It is submitted by learned Special PP for the SC/ST Act that investigation has already concluded and chargesheet has been submitted. Though this fact was not pointed out when the bail applications of the other co-accused persons were considered. Considering the nature of accusation and the fact that others have been granted anticipatory bail, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Sadar Hajipur P.S. Case No.217 of 2015, pending before the learned CJM, Vaishali at Hajipur.

Patna High Court Cr.Misc. No.53091 of 2015 (2) dt.23-11-2015 3/3 With the above observation, this application is, accordingly, disposed off.

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