Mohan Bind And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41600 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================
1. Mohan Bind, son of Hajari Bind
2. Lakshuman Bind, son of Mohan Bind. Both are resident of VillageMakshidpur, P.S.- Asthawan, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-11-2015 Heard both sides.
The petitioners apprehend their arrest in SC/ST (Nalanda Sadar) P.S. Case No. 78/2015, registered for the offences punishable under Sections 323, 324, 504, 506 and 34of the Indian Penal Code and Section 3(i)(x) of the SC & ST Act. The petitioners are alleged to have abused and assaulted the informant and snatched Rs. 60,000/- from his pocket. It is submitted that the petitioners are co-villagers of the informant. No such occurrence, as alleged by the informant, has ever taken place. Other offences are bailable, except one lodged under Section 3(i)(x) of the SC & ST Act, but no offence under 3(i)(x) of the SC and ST Act has been committed and the
Patna High Court Cr.Misc. No.41600 of 2015 (3) dt.10-11-2015 2/2 occurrence took place at about 8 pm in the night in a lonely place and none had seen.
Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with SC/ST (Nalanda Sadar) P.S. Case No. 78/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi U T