Dilip Sah @ Dilip Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5801 of 2015 Arising Out of PS.Case No. -112 Year- 2014 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Dilip Sah @ Dilip Kumar Sah Son of Harish Chandra Sah resident of village - Sunder Khauli, P.S. Aurai, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2015 Heard both sides.

The petitioner apprehends his arrest in Aurai P.S. Case No. 112 of 2014, registered for the offences punishable under Sections 323 and other Sections of the Indian Penal Code and Sections 3(i)(x) of the SC/ST (Prevention of Atrocities) Act. Manoj Ram the informant named the petitioner and alleged that the petitioner snatched his belongings and demanded money. The petitioner also named his caste.

Learned counsel for the petitioner submits that the occurrence took place on 30.05.2014, but the FIR was lodged on 07.06.2014 and no explanation was given. It is further submitted that the informant did not allege that the petitioner abused him by naming his caste. Bare perusal of the FIR itself, it would appear

Patna High Court Cr.Misc. No.5801 of 2015 (2) dt.11-02-2015 2/2 that the allegation was inserted later on as the middle of the FIR is in different handwriting.

Learned APP, however, opposed the prayer for anticipatory bail.

On perusal of records, it appears that the FIR was lodged after eight days of the occurrence. It appears that some interpolation was made in the fardbeyan and the name of the caste appears to be inserted later on.

Considering the facts aforesaid, the petitioner, in the event of his 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, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (Prevention of Atrocities) Act, Muzaffarpur in connection with Aurai P.S. Case No. 112 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T