Ajay Kumar Singh @ Bhanu Singh @ Bhonu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17011 of 2016 Arising Out of PS.Case No. -568 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Ajay Kumar Singh @ Bhanu Singh @ Bhonu Singh son of Krishan Prasad singh @ Kishun Singh, resident of village- Akhtiyarpur, P.S.- Mahua, District- Vaishali .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Mahua P.S. Case No.568/15 for the offences under Sections323, 447, 379, 324, 435/34 of the I.P.C. and Section 3 (1) (II) (III) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)Act.
Learned counsel for the petitioner submits that the entire case lodged against the petitioner is false and fabricated and the provisions of the S.C. & S.T. Act has been attracted on mere allegation that the accused persons including the petitioner abused the informant by calling his caste name but not in a place of public view. It is further submitted that the petitioner is alleged to have
Patna High Court Cr.Misc. No.17011 of 2016 (4) dt.21-06-2016 2/2 snatched a gold ear ring. It is further submitted that the present case has been lodged only as a vendetta as there was dispute between the parties with regard to a piece of land lying between the house of the petitioner as well as the informant. The said land is being used as common passage between the parties as the said passage is not for public purpose.
Considering the facts and circumstances of the case and having no criminal antecedent, let petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Vaishali at Hajipur, in Mahua P.S. Case No.568 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Anjana Mishra, J) AnilKrSinha/- U T