Shiv Dular Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51187 of 2015 Arising Out of PS.Case No. -241 Year- 2015 Thana -PIRO District- BHOJPUR ======================================================

1. Shiv Dular Singh son of Late Chandradip Singh

2. Sanjay Yadav son of Ghanta Singh

3. Santosh Kumar son of Gurudayal Singh

4. Dharmendra Kumar alias Dharmendra Kumar Singh son of Baban Singh

5. Guddu Kumar alias Nagendra Kumar son of Sheo Prasad Singh, All resident of Village- Laharabad, Police Station- Piro, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323,341,504,506 and 379/34 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that the informant is the Head of the Department of History and also working as Deputy Incharge of Mahatma Gandhi College, Laharabad. On 18.6.2015 when the informant was present in office, the

Patna High Court Cr.Misc. No.51187 of 2015 (2) dt.09-11-2015 2/3 accused persons including the petitioners came and abused him by calling caste name. The accused persons assaulted the informant with iron rod and took away rupees five thousand.

It is submitted by the learned counsel for the petitioners that an informatory petition was filed for misappropriating the fund of the aforesaid college where the petitioners are employees wherein notices were issued to the informant, thereafter the present case has been lodged as retaliatory measure. It is further submitted that for the occurrence of 18.6.2015 the FIR was registered on 22.6.2015. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the nature of accusation, background of dispute with regard to the misappropriation of college fund and delayed lodging of the case, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Bhojpur at Ara in connection with Piro P.S.

Patna High Court Cr.Misc. No.51187 of 2015 (2) dt.09-11-2015 3/3 Case No.241 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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