Patna High CourtCR. MISC./30965/2015bail granted

Babloo Yadav v. The State Of Bihar

2015-07-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30965 of 2015 Arising out of PS.Case No. -67 Year- 2014 Thana -SC/ST District- BHAGALPUR ====================================================== Babloo Yadav, Son of Shree Mahi Lal Yadav, resident of village - Agarpur Dhuria Tola, Police Station - Lodipur, District - Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vikram Singh, Advocate. For the Opposite Party : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2015 The petitioner is apprehending his arrest in connection with SC/ST P.S. Bhagalpur Case No. 67 of 2014 for the offences instituted under Sections 341, 323, 302, 504, 324/34 of the IPC and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act.. Heard learned counsel for the petitioner and learned counsel for the State.

The accusation is that the petitioner and others abused by caste named "SALA PASI" to the informant made demand of toddy from him and on refusal thereof, they assaulted him with Lathi and Farsa on his head and hand. The informant got head injury and blood oozed out.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is submitted that the

Patna High Court Cr.Misc. No.30965 of 2015 (2) dt.30-07-2015 2/2 allegation is not supported from the injury report as the injury report do not disclose any external injury on the body of the victim. It is further submitted that provision of SC/ST Act is also not attracted in the present case as the same is not taken place in the public place.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with SC.ST. Bhagalpur P.S. Case No. 67 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T