Manoj Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51482 of 2015 Arising Out of PS.Case No. -217 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Manoj Sah
2. Akhilesh Sah Both Sons of Sri Suresh Sah .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52170 of 2015 Arising Out of PS.Case No. -217 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Rajeev Jha
2. Sanjeev Jha Both son of Kamlakant Jha .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.51482 of 2015) For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl .A P.P.) (In Cr.Misc. No.52170 of 2015) For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323,
Patna High Court Cr.Misc. No.51482 of 2015 (2) dt.10-11-2015 2/3 504, 506, 447, 379/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The prosecution case is that when the informant scolded son of petitioner no.1 Manoj Sah (in Criminal Miscellaneous No.51482 of 2015), who was plucking 'litchi' in the orchard of the informant along with 3-4 other boys, then accused persons came abused the informant by calling caste, assaulted and snatched Rs.150/-.
It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled and for the occurrence of 13.05.2015 at 10.30 am, the FIR was registered on 16.05.2015 at 10.20 am. Moreover, statement has been made in paragraph 3 of both the petitions that the petitioners have no criminal antecedent.
Considering the accusation being levelled in the background of land dispute 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like
Patna High Court Cr.Misc. No.51482 of 2015 (2) dt.10-11-2015 3/3 amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Sadar Hajipur P.S. Case No.217 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T