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Patna High CourtCR. MISC./2448/2015bail granted

Shiv Shankar Divedi And ORS v. The State Of Bihar

2015-01-20Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2448 of 2015 Arising Out of PS.Case No. -419 Year- 2014 Thana -SONEPUR District- SARAN ======================================================

1. Shiv Shankar Divedi son of Late Ramanand Divedi

2. Surendra Sharma son of Late Kapildeo Sharma

3. Upendra Nath Singh son of Late Kapildeo Sharma

4. Narendar Divedi son of Late Ramanand Divedi

5. Arjun Pandey @ Arun Pandey son of Umesh Pandey

6. Gopaljee Sharma son of Late Sri Ram Sharma

7. Bittu Kumar @ Kumar Raj son of Amod Sharma

8. Chintu Kr. @ Sujeet Kumar son of Amod Sharma

9. Pintu Kr. @ Pintu Sharma son of Late Phulendra Sharma

10. Ram Kumar Sharma son of Late Ram Prakash Sharma

11. Pratap Kr. Singh @ Guddu son of Kamata Singh

12. Vivek Pandey son of Late Ragho Pandey

13. Kamendar Choudhary son of Late Kailash Chaudhary

14. Angad Chaudhary son of Kamendar Chaudhary

15. Ranveer Kr. Singh @ Madan son of Surendra Sharma

16. Sunil Sharma son of Late Muneshwar Sharma

17. Rajdeo Sharma son of Late Chandrika Sharma

18. Gajendar Sharma @ Dhunmun Son of Rajdeo Sharma

19. Ratnesh Pandey son of Bhikhari Pandey

20. Bhikhari Pandey son of Late Chulhan Pandey All resident of Village - Ismailchak, P.S.- Sonepur, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-01-2015 Heard both sides.

Patna High Court Cr.Misc. No.2448 of 2015 (2) dt.20-01-2015 2/3 The petitioners, twenty in number, are apprehending their arrest in a case under Section 323 and other sections of the Indian Penal Code and Section 3.1(x) if the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Twenty persons are named in the F.I.R. and the informant made allegations against them that they all assaulted the informant and abused him. The dispute arose due to construction of a Nala (drainage) and repairing of the road. Learned counsel for the petitioners submits that there is a counter-version being Sonepur P.S. Case No. 394 of 2014. No specific version of intimidation or abuse is made by any of the petitioners. On account of construction of drainage, the present occurrence took place.

Having considered the facts that there is no specific allegation of abuse or intimidation against any of the petitioners and the occurrence took place on account of petty dispute of construction of drainage on a road, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.2448 of 2015 (2) dt.20-01-2015 3/3 learned Chief Judicial Magistrate, Saran at Chapra in Sonepur P.S. Case No. 419 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T