Bhim Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9706 of 2015 Arising Out of PS.Case No. -322 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Bhim Singh son of Late Mahendra Singh Resident of village : Rasalpur, Police Station; Mufassil, District - Gaya.

2. Ramji Yadav son of Late Parsidh Yadav Resident of village : Gaura, Police Station : Mufassil, District : Gaya.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Mufassil P.S. Case No. 322 of 2014, disclosing offences under Sections 341, 323 and 307/34 of the Indian Penal Code and Section 3(2)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.

Drawing my attention to the First Information Report, learned counsel appearing on behalf of the petitioners has submitted that no offence under Section 3(2)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 is made out on the basis of allegation as contained in the First

Patna High Court Cr.Misc. No.9706 of 2015 (6) dt.12-08-2015 2/2 Information Report, which was instituted more than one month from the date of occurrence.

Considering the aforesaid submission, I am inclined to grant the privilege of anticipatory bail to the petitioners. Accordingly, this application is allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Mufassil P.S. Case No. 322 of 2014, subject to the condition 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 liable to be cancelled.

(Chakradhari Sharan Singh, J.) Vats/- U T