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Laddu Rai and Others vs The State of Bihar

Patna High Court · Decided on 23 April 2014 · Citation: (2014) 04 PAT CK 0046

HON’BLE JUDGES
Jitendra Mohan Sharma, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438(2) · Penal Code, 1860 (IPC) — Section 147, 148, 323, 435, 504 · Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x), 3(i)(x)
CASE NUMBER
Criminal Miscellaneous No. 18221 of 2014
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Judgment

5 paragraphs · 342 words

Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Athmalgola P.S. Case No. 48 of 2013 for the offences punishable under Sections 147, 148, 323, 504 and 435 of the Indian Penal Code and Section 3(i)(x) of S.C./S.T. Act.

3.

Allegedly, these twelve petitioners including others armed with fire arms came at the place of occurrence, started abusing the informant and others, set the hut on fire and also uttered the word caste "Chamar".

4.

Learned counsel for the petitioners seeks privilege of pre arrest bail of the petitioners placing their innocence, false implication and submitting that due to land dispute this false case has been lodged C.W.J.C. No. 19033 of 2011 was disposed of by this Court directing the Collector, Patna to hear the grievance of the petitioners. All Sections are bailable except Section 3(1)(x) of S.C./S.T. Act, which is not attracted, as alleged. The occurrence has not taken place in public view and as such these petitioners deserve sympathetic consideration to which learned A.P.P. opposes by submitting that all the accused persons have abused the informant and also insulted by naming the caste.

5.

Having considered the submissions urged at the Bar, going through the FIR and record and noticing that all the offences except u/s 3(1)(x) of S.C./S.T. Act are bailable and as there being land dispute, the petitioners in case of their arrest or surrender within one month, they, namely, Laddu Rai, Ram Bhawan Rai, Balli Rai @ Ram Balli Rai, Lalprit Rai, Tunna Rai, Dilip Rai, Rajeshwar Rai, Singha Rai @ Singheshwar Rai, Ashok Rai, Biranchhi Rai @ Rambriksh Rai, Ravindra Rai @ Ravindra Prasad and Ravishankar Rai @ Ravi Shankar Prasad shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna, in Athmalgola P.S. Case No. 48 of 2013, subject to the conditions as laid down u/s. 438(2) Cr.P.C.