Rajo Nishad @ Rajo Nishat And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2138 of 2015 Arising Out of PS.Case No. -53 Year- 2014 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Rajo Nishad @ Rajo Nishat Son of Late Bhatigan Nishad

2. Parsuram Nisad@Parshuram Nisat Son of Sri Rajo Nishad@Rajo Nishat Both are residents of village-Chanan Bind Toli,P.S-Barauni(Chakia O.P)Distt.-Begusarai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-01-2015 Supplementary affidavit is filed on behalf of the petitioners.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Barauni P.S. Case No. 53 of 2014 registered under Sections-447, 323, 504, 385 of the Indian Penal Code and Section-3(i)(x)(xi(xv) of SC/ST (Prevention of Atrocities) Act.

Although, the case has been registered under various sections of SC/ST (Prevention of Atrocities) Act as well as Indian Penal Code but from perusal of first information report, it appears that the application of provision of SC/ST (Prevention of Atrocities) Act appears to be doubtful because there was land dispute between the parties and accordingly, in the event of arrest

Patna High Court Cr.Misc. No.2138 of 2015 (2) dt.20-01-2015 or surrender within four weeks from the date of receipt/production of copy of order in the court below, let the petitioners, named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Barauni P.S. Case No. 53 of 2014 to the satisfaction of Chief Judicial Magistrate, Begusarai subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T