Nipul Sharma @ Umakant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51440 of 2015 ======================================================
1. Nipul Sharma @ Umakant Kumar Son of Shri Ashok Sharma resident of village - Ushari Dih, Police Station Mahendia, District - Arwal .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 342, 353, 323, 504, 506, 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act.
The prosecution case is that informant being Chaukidar was deputed at M/s Jai Shankar Rice Mill, Usharidih since it was sealed by the Block Supply Officer, Kaler. On 16.07.2015 the petitioner being owner of the rice mill came with others and opened fire with pistol. The informant and others were confined in a room and labourers were allowed to mix up PDS rice with the rice of the mill by broking their seal.
It is submitted by learned counsel for the petitioner that accusation has been levelled since petitioner protested for preferring the rice from the sealed rice mill of the
Patna High Court Cr.Misc. No.51440 of 2015 (2) dt.10-11-2015 2/2 petitioner when no injury has been caused to anyone and even assuming the accusation the offence under SC/ST Act is not made out against the petitioner.
The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Mahendia P.S. Case No. 98 of 2015, pending in the Court of learned Chief Judicial Magistrate, Arwal.
With the observations above, the application stands disposed off.
(Dinesh Kumar Singh, J) Shageer/- U T