IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35923 of 2011
1. Ranvijay Singh @ Bhikhari Singh, S/o Late Babulal Singh, resident of
village-Barua Tole, Lakshmipur Kakadhiya, P.S.-Dighwara, District-
Saran.
2. Raju Singh, S/o Indradeo Singh, resident of village-Ramdaschak, P.S.-
Dighwara, District-Saran.
3. Vinay Singh, S/o Late Pashupati Nath Singh, resident of village-Barua,
P.S.-Dighwara, district-Saran. ..........Petitioners
Versus
The State of Bihar ........Opp. Party.
-----------
2 25.10.2011 Heard learned counsel for the petitioners and learned
counsel appearing on behalf of the State.
The petitioners apprehend their arrest in connection
with a case registered for the offence under Sections 323, 379,
406, 427, 504/34 of the Indian Penal Code and Section 3 (i) (x) of
the S.C. & S.T. (Prevention of Atrocities) Act.
It is stated that wife of petitioner no. 1 and mother of
petitioner no. 2 are ward members of ward no. 7 and ward no. 14
respectively. They made representation to the District Magistrate
and Divisional Commissioner regarding certain irregularities and
mis-conduct of the Mukhiya of Gram Panchayat, Barua and the
informant being a supporter of the Mukhiya has been set up by
her and a malicious prosecution has been launched. Advancing
the argument it is further stated that the petitioner no. 1 had made
a complaint to the D.M., Saran, Chapra with regard to illegal
allotment of Indira Awas on 9.4.2007. In the complaint the name
of the informant and his wife has been given and it was alleged
that the Mukhiya, Panchayat Secretary and the Panchayat
Supervisor in conspiracy with each other had committed serious
2
irregularities in selection of beneficiaries under the Indira Awas
Scheme. In this background no one would believe that the
complainant would have given money to the petitioner no. 1.
Further on admitted facts of complaint the complainant would
himself be liable to be prosecuted for criminal breach of trust as
he admits that he being a beneficiary under the Indira Awas
Scheme gave the money to petitioner no. 1 as loan which under
no circumstance would be permissible in law. In course of
investigation, some of the witnesses have supported the defence
version. It is also submitted that the present case is a gross case of
misuse of Section 3(i) (x) of the Scheduled Castes & Scheduled
Tribes (Prevention of Atrocities) Act.
Be that as it may considering the facts and
circumstances of the case, let the petitioners, namely (i) Ranvijay
Singh @ Bhikhari Singh, (ii) Raju Singh and (iii) Vinay Singh in
the event of their arrest or surrender before the Court below
within a period of four weeks from the date of
receipt/communication of this order, be released on bail on
furnishing bail bonds of Rs. 5,000/- (Five thousand only) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Hajipur in connection with
Hajipur S.C. & S.T. P.S. Case No. 273 of 2008 subject to the
conditions as laid down under Section 438(2) Cr. P.C.
Sanjeet/Md.S. (Ashwani Kumar Singh, J.)
3