Patna High CourtCR. MISC./1768/2016disposed

Bhola Singh And ANR. v. The State Of Bihar

2016-01-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1768 of 2016 Arising Out of PS.Case No. -645 Year- 2015 Thana -BANKA District- BANKA ======================================================

1. Bhola Singh, Son of Rajendra Singh

2. Prakash Raut @ Prakash Singh, Son of Nakul Raut Both resident of Village Rampur P.S.+District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,323,325,307,447 and 504 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

On protest being made for grazing the crop of the informant side the accused persons assaulted the informant and his nephew.

It is submitted by the learned counsel for the petitioners that even assuming the accusation, neither offences

Patna High Court Cr.Misc. No.1768 of 2016 (2) dt.14-01-2016 2/2 under sections 325 and 307 IPC nor under section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is made out. It is further submitted that for a petty dispute for grading the crop the accusation has been levelled. Considering the genesis of the occurrence and the nature of accusation, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Banka P.S. Case No. 645 of 2015 pending in the court of learned CJM, Banka.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T