Patna High CourtCR. MISC./51911/2014bail granted

Anil Jha And ORS. v. The State Of Bihar

2015-01-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51911 of 2014 Arising Out of PS.Case No. -56 Year- 2014 Thana -HAYAGHAT District- DARBHANGA ======================================================

1. Anil Jha, Son of Late Shyam Jha

2. Manoj Jha, Son of Anil Jha

3. Rajiv Kumar Singh @ Rajiv Singh, Son of Shrawan Singh

4. Narayan Singh, Son of Nagendra Prasad Singh All are resident of Village - Ghosrama, P.S.- Hayaghat, DistrictDarbhanga. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shambhu Nath Jha, Advocate. For the Opposite Party/s : Mr. Ambika Bhagat(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.

The petitioners Anil Jha, Manoj Jha, Rajiv Kumar Singh @ Rajiv Singh and Narayan Singh apprehend their arrest in a case registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in connection with Hayaghat P.S. Case No. 56 of 2014.

Manoj Ram the informant made allegation that while he was protesting the distribution of old age pension, Mukhiya Arbind Kumar Singh abused him by naming his caste and exhorted to assault on such the petitioners are alleged to have assaulted the informant with fists and slaps. The BDO brought him to Hayaghat police station. Learned counsel for the petitioners submits that there is

Patna High Court Cr.Misc. No.51911 of 2014 (2) dt.05-01-2015 no allegation against the petitioners that the petitioners abused the informant by name of his caste. Arbind Kumar Singh lodged Hayaghat P.S. Case No. 55 of 2014 against the informant under Section 307 and other Sections of the Indian Penal Code and Section 25(1-b)A/26 of the Arms Act. Arbind Kumar Singh made allegation that the petitioner opened fire but the villagers recovered the pistol from his possession and handed over to the BDO.

Learned APP did not dispute the facts.

Having considered the facts aforesaid and the fact that there is no specific allegation against the petitioners, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Hayaghat P.S. Case No. 56 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T