Munna Jaiswal @ Munna Kr. Jaiswal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12540 of 2016 Arising Out of PS.Case No. -16 Year- 2012 Thana -SC/ST District- PURNIA ======================================================

1. Munna Jaiswal @ Munna Kr. Jaiswal , S/O UPendra Jaiswal, Resident of Village- Bharna Tola, Raghuvans Nagar, P.S.- Barhara Kothi, DistrictPurnia.

2. Md. Majahid @ Md Mujahid S/o- Shekh Tayab, Resident of VillageRaghuvans Nagar, P.S.- Barhara Kothi, District- Purnia.

3. Md. Chand Alam, S/o- Shekh Tayab, Resident of Village- Raghuvans Nagar, P.S.- Barhara Kothi, District- Purnia.

4. Govind Kumar Chaudhary @ Govind Kumar S/O Rameshwar Chaudhary, Resident of Village- Banmankhi, P.S- Banmankhi, DistrictPurnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,148,149,420,467,468,471,323 and 504/34 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 land of

Patna High Court Cr.Misc. No.12540 of 2016 (2) dt.17-03-2016 2/3 Khata no. 162, Khesra No. 409 area 0.1.00 acre was settled with the mother of the inforemant Savitri Devi. When the informant was making construction over the land, Upendra Jaiswal along with his son namely petitioner no. 1 came, abused and claimed to have sold the land to petitioner nos. 2 and 3. It is also alleged that Upendra Jaiswal made assault and petitioner no. 1 pushed down the mother of the informant on the ground. The accused persons were abusing the informant by calling the caste name.

It is submitted by the learned counsel for the petitioners that the thrust of accusation is against co accused Upendra Jaiswal who has been granted regular bail. Petitioner no. 2 and 3 are purchasers whereas petitioner no. 4 is a deed writer. The sale deed was executed in 2004 when the complaint was filed in 2012. Considering the accusation levelled in the background of civil dispute, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Purnea SC/ST P.S. Case No. 16 of 2012 pending in the

Patna High Court Cr.Misc. No.12540 of 2016 (2) dt.17-03-2016 3/3 court of learned ACJM, Purnea.

This application is disposed of with the aforesaid observation/direction.

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