Bhanu Pratap Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5132 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================
1. Bhanu Pratap Singh son of Ram Pravesh Singh
2. Rohit Singh son of Shailendra Singh
3. Santosh Singh son of Late Rang Bhadur Singh
4. Anil Singh @ Anil Kumar Singh son of Late Ranjit Singh
5. Jhinku Singh son of Ram Naresh Singh
6. Bihan Singh @ Bigan Singh son of Jagat Narayan Singh
7. Viki Singh son of Uday Pratap Singh
8. Dyashankar Singh son of Gupteshwar Singh
9. Bablu Singh son of Deopujan Singh
10. Guddu Singh son of Late Dukkhi Singh
11. Barhu Singh son of Vidya Sagar Singh
12. Shailendra Singh son of Late Sahjad Singh All are residents of Village - Deohalia, P.S. Ramgarh, District - Kaimur (Bhabua). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-03-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in connection with Ramgarh P.S. Case No. 02 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 307, 427 and 504 of the Indian Penal Code and section 27 of the Arms Act & 3(i)(x) of SC/ST Act.
Patna High Court Cr.Misc. No.5132 of 2016 (2) dt.10-03-2016 2/3 Learned counsel for the petitioners submits that all together false allegations have been made against the petitioners as they had been on litigating terms with the informant of the present case. Learned counsel for the petitioners further submits that the provisions of SC/ST act have been added only to make the charges graver and to bring the petitioners under the ambit of rigors of SC/ST Prevention of Atrocities Act. Pointing to Annexure -3, learned counsel for the petitioners submits that there was a very serious litigation pending between the parties and on the date of occurrence, there is a case and counter case between the parties, in which both parties are said to have sustained injuries.
So far as allegation regarding using the caste name is concerned, it has been stated that the same has not been used for any particular person and, therefore, it cannot be attributed to any of the petitioners. Considering the nature of allegations made against the present petitioners, let 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, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs.
Patna High Court Cr.Misc. No.5132 of 2016 (2) dt.10-03-2016 3/3 Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 02 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjana Mishra, J) sunil/- U T