Jhagaru Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.21495 of 2016 (2) dt.20-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21495 of 2016 Arising Out of PS.Case No. -72 Year- 2015 Thana -DARPA District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Jhagaru Sah son of Bhagwan Sah

2. Sheo Patel son of Ram Chandra Patel

3. Babu Lal Patel son of Adalat Raut

4. Pradip Kumar Gupta son of Late Basudeo Prasad Gupta All residents of Village - Narkatiya, P.S. - Darpa, District - East Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-05-2016 Petitioners apprehend their arrest in a case under sections 353/34 IPC and under the SC/ST Act on the allegation that they misbehaved with the informant and others when they had gone to the spot to ensure delivery of possession to the Purcha holders.

The petitioners submit that no case under the SC/ST Act is made out as they also belong to the said category. FIR has been lodged after delay of 5/6 days, and similarly situated co accused have also been allowed anticipatory bail vide order, dated 3.5.2016, passed in Cr.Mis.no.17645/2016. In the facts of the case, in the event of arrest/surrender, let the petitioner as mentioned above, be released on bail on

Patna High Court Cr.Misc. No.21495 of 2016 (2) dt.20-05-2016 furnishing bail bond of Rs.5000/- with two sureties of the like amount each to the satisfaction of SDJM, East Champaran Motihari in PS.Case No. -72 Year- 2015 Thana -DARPA District- EAST CHAMPARAN (MOTIHARI).

(Samarendra Pratap Singh, J) Shashi./- U T