Tanwir Alam @ Tanwir And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.7584 of 2016 (2) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7584 of 2016 Arising Out of PS.Case No. -13 Year- 2015 Thana -BARSOI District- KATIHAR ======================================================

1. TANWIR ALAM @ TANWIR Son of Sajjad, null

2. Sanouwar @ Sanouwat, Son of Sajjad,

3. Sajjad @ Sajjad Alam, Son of Late Sadiruddin,

4. Tahzib @ Tahzib Alam, Son of Nazam,

5. Nazam @ Md. Najamuddin, Son of Sadiruddin,

6. Haider @ Md. Gulam Haider, Son of Late Rafique, Petitioner No. 1 to 5 are resident of villag - Miliktola Basatpur and petitioner no. 6 are resident of villae - Kolha, All area of P.S. - Barsoi, District - Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate With Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sadanand Paswan (Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Barsoi P.S. Case No. 13 of 2015 ( G.R. No. 227 of 2015), disclosing offences under Sections 341,323, 504/34 of the Indian Penal Code & Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

From the First Information Report, it transpires that there was already some dispute between the informant and these petitioners for which a Panchyati had taken place. Learned Senior counsel appearing on behalf of the

Patna High Court Cr.Misc. No.7584 of 2016 (2) dt.18-03-2016 petitioners submits that no offence under Sections 3(i) (x) of the Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities) Act is made out on the basis of the allegation as contained in the First Information Report. He further submits that other offences are petty in nature and the parties have resolved the dispute whatsoever, amicably.

In view of the submission as above, this application is allowed.

Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in Barsoi P.S. Case No. 13 of 2015 ( G.R. No. 227 of 2015), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U