Patna High CourtCR. MISC./57371/2015rejected

Sri Ram Shah And ORS v. The State Of Bihar

2016-01-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57371 of 2015 Arising Out of PS.Case No. -282 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Sri Ram Shah S/o Dahari Shah

2. Jai Prakash Shah S/o Harihar Shah

3. Harihar Shah S/o Ganesh Shah

4. Satyadeo Shah @ Satyadeo Pashi S/o Sunder Pashi

5. Narayan Pashi S/o Satyadeo Pashi All residents of village - Hiranda, P.S.- Kuchaikot, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Singh, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kuchaikot P.S. Case No.282 of 2014 registered under Sections 147, 149, 452, 436, 153A, 295, 379, 427 and 504 of the Indian Penal Code.

It has been contended that there is a case and counter case and the present case against the petitioners has been instituted in retaliation to Kuchaikot P.S. Case No.281 of 2014 registered under Sections 341, 323, 324, 307 and 379 of the Indian Penal Code as well as Section 3(1)(x) of the Scheduled Castes and

Patna High Court Cr.Misc. No.57371 of 2015 (3) dt.29-01-2016 2/2 Scheduled Tribes (Prevention of Atrocities) Act. On the other hand, learned counsel for the State has contended that the offences alleged against the petitioners are quite serious. The petitioners have been named in the FIR. Several co-accused have already faced trial and their trial has already concluded and judgment has also been delivered. Regard being had to the nature of allegation and the conduct of the petitioners in not appearing before the court which compelled the trial court to split up the trial, I am not inclined to grant them anticipatory bail. Accordingly, their prayer for grant of anticipatory bail is rejected.

In case the petitioners surrender and seek bail, the same shall be considered on its own merits without being prejudiced in any manner by the order passed by this Court. (Ashwani Kumar Singh, J) Md.S./- U T