Alok Kumar Srivastava And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31820 of 2014 Arising Out of PS.Case No. -1 Year- 2014 Thana -SC/ST P.S. District- SARAN ======================================================
1. Alok Kumar Srivastava S/o Sawaliya Prasad
2. Shiwam Kumar S/o Kanhaiya Lal
3. Ganesh Kumar @ Ganesh Kumar Srivastava S/o Sawaliya Prasad All are Resident of Village Marhowrah Khurd, P.S. Marhowrah, District Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504, 34 IPC and Section 3 (i) (x) of the S.C./S.T. Act registered in connection with Saran S.C./S.T. P.S. Case No. 01 of 2014.
3. It is submitted that the petitioners have been falsely implicated and in any event the ingredients of the offence alleged under the S.C./S.T. Act are not made out. There is nothing in the FIR to show that the
Patna High Court Cr.Misc. No.31820 of 2014 (2) dt.21-01-2015 alleged occurrence transpired in public view nor it is alleged as to which of the accused persons uttered the offending words and thus the accusations in this regard are general and omnibus in nature.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Saran S.C./S.T. P.S. Case No. 01 of 2014 subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J) Chandran U T