Patna High CourtCR. MISC./16610/2016disposed

Lal Bihari Sah And ORS v. The State Of Bihar

2016-04-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16610 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================

1. Lal Bihari Sah, son of late Balchand Sah

2. Nagendra Sah

3. Dablu Sah both son of Lal Bihari Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-04-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 447, 504, 323/34 of the Indian Penal Code, 27 of the Arms Act and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Prosecution case is that the petitioners and others claim the land of the informant, on protest being made the accused persons abused the informant by calling caste name and made assault.

It is submitted by learned counsel for the petitioners that the complaint was filed in 2005 but after its being transmitted the FIR was registered

Patna High Court Cr.Misc. No.16610 of 2016 (2) dt.18-04-2016 2/2 on 02.02.2016. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the accusation being levelled in the background of land dispute and delayed registration of the FIR, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with SC/ST P.S. Case No.6/2016, pending before the learned CJM, Kaimur, Bhabhua. With the above observation, this application is, accordingly, disposed off.

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