Sandip Kumar Sah @ Sandeep Kumar Shah @ Sandeep Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37272 of 2014 Arising Out of PS.Case No. -333 Year- 2014 Thana -DANAPUR District- PATNA ====================================================== Sandip Kumar Sah @ Sandeep Kumar Shah @ Sandeep Sah son of Surendra Prasad Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Kumar Jha Mr. Mukesh Mishra Mr. Rajesh Kumar Jha For the State : Mr. Sadanand Paswan(Spl.P.P.) For the informant : Mr. Raj Kishore Pd. Singh Mr. S.P. Nirala ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner is apprehending his arrest in connection with Danapur P.S. Case No. 333/14 registered for the offence punishable under Sections 341, 504 and 506 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioner submits that the present case has been instituted on account of the fact that there is land dispute between the petitioner and the informant and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court Cr.Misc. No.37272 of 2014 (2) dt.13-04-2015 P2/2 Atrocities) Act, 1989 has falsely been added only to harass the petitioner.

Considering the aforementioned fact and after perusal of the First Information Report, it appears that occurrence did not occur in a public place and also there is no witness to corroborate the prosecution story. Furthermore, considering the abovementioned submissions and the fact that the petitioner does not have any criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur P.S. Case No. 333/2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T