Md. Azimuddin And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.35342 of 2014 (02) dt.24-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35342 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -BARSOI District- KATIHAR ======================================================

1. Md. Azimuddin

2. Abdul Razzak

3. Md. Sahbul

4. Md. Shakil .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Ram Shankar Das (A.P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 24-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

It has fairly been submitted on behalf of petitioners that taking into account the allegation on its face, no offence under S.C./S.T. (Prevention of Atrocities) Act is made out and on account thereof, the Sections of the Penal Code whereunder case has been registered, are bailable. Thus, instant petition does not appear to be maintainable.

That being so, petitioners are directed to surrender before the learned lower Court with a prayer of bail which, learned lower Court will consider that the allegation of abusing with caste name was not at all attributable in public gaze whereupon Section 3(1)(X) of the S.C./S.T. (Prevention of Atrocities) Act is not found attracted. With the aforesaid observation, instant petition is disposed of. (Aditya Kumar Trivedi, J) Vikash/- U T