Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40776 of 2015 Arising Out of PS.Case No. -128 Year- 2014 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Pankaj Kumar Singh S/o Late Satendra Singh R/o village Pithforwa, P.S. - Parsathua, Dist. Rohtas.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Mahesh Prasad, Advocate.
For the Opposite Party : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and the learned Spl. PP.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 323 and other Sections of the Indian Penal Code and under Sections 3(i)(x) of the SC/ST Act.
The informant has made very specific allegation that the petitioner came and asked him to prepare crushed rice. The informant begged time, on such the petitioner is alleged to have assaulted the informant, snatched money and mobile from his possession. The petitioner also abused the informant by naming his caste. The witnesses have also supported the facts. It is submitted that no offence under Sections 3(i)(x) of
Patna High Court Cr.Misc. No.40776 of 2015 (3) dt.02-12-2015 2/2 the SC/ST Act is made out and there is no injury report. The occurrence has taken place due to petty dispute. Considering the facts aforesaid and the fact that the informant and other witnesses have categorically stated that the petitioner brutally assaulted the informant with belt, damaged his mobile and snatched money, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.
(Prabhat Kumar Jha, J.) KKSINHA/- U T