Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58559 of 2015 Arising Out of PS.Case No. -233 Year- 2015 Thana -JAMUI District- JAMUI ====================================================== Munna Singh Son of Late Balmiki Singh, Resident of village Chandwara, P.S. and District-Jamui .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Jamui P.S. Case No. 233 of 2015, disclosing offences under Sections 147, 148, 341, 323, 307 and 379 of the Indian Penal Code and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.

Learned counsel for the petitioner submits that in view of the nature of accusation made in the fardbeyan of the informant, no offence under Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 is made out. He has further submitted that the allegation of assault also is general and omnibus against all the seven accused persons and

Patna High Court Cr.Misc. No.58559 of 2015 (2) dt.22-01-2016 2/2 there is no specific allegation of assault made by these petitioners. Considering the submission as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with G.R. No. 1523 of 2015 arising out of Jamui P.S. Case No. 233 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T