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Patna High CourtCR. MISC./29902/2015disposed

Gabbar Kumar @ Gabbar Sahu v. The State Of Bihar

2015-07-31Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29902 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -RAMPUR District- GAYA ======================================================

1. Gabbar Kumar @ Gabbar Sahu Son of Sharwan Sahu @ Sharwan Kr. Gupta Resident of Mohalla - Gebal Bigha, Police Station - Rampur, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Rampur P.S. Case No. 35 of 2015 registered for the offences punishable under Sections 341, 323, 504, 354, 448/34 of the Indian Penal Code and Section 3(i) (x) of S.C./S.T. (Prevention of Atrocities) Act.

The contention on behalf of the petitioner is that the informant is tenant of uncle of the petitioner and the alleged occurrence took place on a very petty issue. It is further contended by him that moreover, the supervising authority did not find the case true under the provisions of S.C./S.T. (Prevention of

Patna High Court Cr.Misc. No.29902 of 2015 (2) dt.31-07-2015 2/2 Atrocities) Act as well as Section 354 of the Indian Penal Code. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition stands disposed of with direction to petitioner to surrender before the court of Chief Judicial Magistrate, Gaya in connection with Rampur P.S. Case No. 35 of 2015 within four weeks from today and seek regular bail and if upon surrender of the petitioner the concerned court finds that the supervising authority has found the case true only under bailable sections, the concerned court shall pass appropriate order in accordance with law on the day of surrender of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T