Patna High CourtCR. MISC./1316/2016bail granted

Bundi Singh @ Bunni Singh And ORS. v. The State Of Bihar

2016-01-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1316 of 2016 Arising Out of PS.Case No. -326 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Bundi Singh @ Bunni Singh

2. Surendra Singh,

3. Birendra Singh,

4. Bablu Singh @ Bablu Singh, All Sons of Sri Vishwanath Singh,

5. Binod Singh, Sonof Ramji Singh, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section341/323/379/504/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the accused persons tried to forcibly stop the auto rickshaw of the informant, on refusal of the same they abused the informant by calling caste name and made assault to the brother of the informant with 'lathi', fists and slaps. It is also alleged that the accused persons took away Rs.2000/- and

Patna High Court Cr.Misc. No.1316 of 2016 (2) dt.11-01-2016 2/2 tape recorder from the auto rickshaw.

It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled. For the occurrence of 29.08.2015 at 06.00 p.m., the FIR was registered on 30.08.2015 at 17.00 p.m.. Moreover, the informant has retracted from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-2 to the petition.

Considering the nature of accusation and retracted version of the informant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Mohania P.S. Case No.326/2015, in connection with learned CJM, Kaimur at Bhabhua, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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