Jitendra Kumar @ Jitendar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27162 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -HARIJAN District- SASARAM (ROHTAS) ======================================================

1. Jitendra Kumar @ Jitendar Singh Son of Kanhaiya Singh Resident of village - Dhaudanr, P.S. Sasaram ( M ), District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sadanand Paswan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 147, 149, 323, 341, 307, 427, 504 of the Indian Penal Code.

The prosecution story, in brief, is the informant Dudhnath Ram had filed a written report before SC/ST P.S. stating therein that when he was returning from the forest, all accused persons surrounded him and demanded a lathi, which was refused by him on that all accused persons abused him by calling his caste name and brutally assaulted him.

It has been submitted on behalf of the petitioner that general and omnibus allegation has been made against the petitioner and no specific injury has been attributed against the

Patna High Court Cr.Misc. No.27162 of 2015 (2) dt.22-07-2015 2/2 petitioner. It is also submitted that no occurrence has taken place in public place and so provision of SC/ST (POA)Act is not attracted.

On behalf of the State, it has been submitted that the petitioner is named in the FiR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.Rohtas, Sasaram, in connection with SC/ST P.S.Case No. 06/2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U