Khush Mohammad @ Khush Mahamad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44710 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -SC ST P.S. District- SIWAN ======================================================

1. Khush Mohammad @ Khush Mahamad Son of Hamid Miya

2. Aash Mahammad @ Aas Mohammad son of Id Mahammad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and sections 3(1) (x)/2 (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that when informant's son went to the orchard of the 'sarpanch' for collecting black-berry, he was assaulted by the accused persons when informant went to rescue he was also assaulted.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and son of the

Patna High Court Cr.Misc. No.44710 of 2015 (2) dt.30-10-2015 2/2 informant did not receive any injury whereas injury of the informant has been found to be superficial simple in nature. It is further submitted that petitioners' side, at earlier point of time, lodged Maharajganj (G.B. Nagar) P.S. Case No.137 of 2015 wherein petitioners' side received grievous injury. Moreover, statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan in connection with SC/ST P.S. Case No.32 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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