Shashi Kant Mishra @ Shashi Mishra v. The State Of Bihar
Patna High Court Cr.Misc. No.31549 of 2016 (2) dt.09-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31549 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -BASANTPUR District- SIWAN ====================================================== Shashi Kant Mishra @ Shashi Mishra son of Vijay Kumar Mishra, Resident of village - Kanhauli, Police Station Basantpur, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-08-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307/34 of the Indian Penal Code and Sections 3(1)(x), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered in connection with Basantpur P.S. Case No. 04 of 2016.
3. It is submitted that the petitioner has been falsely implicated and in any event the ingredients of offences under Section 3(1)(v) and 3(1)(x) of the SC/ST Act as alleged are not made out. The prosecution case is belied also from the injury report which has been prepared on 20.01.2016 whereas the occurrence is alleged to have been transpired on 13.01.2016.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.31549 of 2016 (2) dt.09-08-2016 circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 04 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J) Md. Ibrarul/-BT U T