High Court Patna High Court - Orders

Awadh Kishore Singh &Amp; Ors vs The State Of Bihar on 13 July, 2010

Patna High Court – Orders
Awadh Kishore Singh &Amp; Ors vs The State Of Bihar on 13 July, 2010
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          Cr.Misc. No.3253 of 2010
            1. AWADH KISHORE SINGH son of Ram Sharan Singh
            2. Ramashish Mahto son of late Bhroshi Singh
            3. Mangal Singh son of late Bilash Singh
            4. Ram Babu Singh son of Awash Kishore Singh
            5. Ram Pratap Mahto son of late Ramphal Mahto
            6. Lal Babu Mahto son of Sri Gimandan Singh
            7. Sanjay Kumar son of Sri Rajan Singh
            8. Bikau Singh son of Sri Ganeshi Singh
            9. Pappu Kumar son of Sri Ramashish Singh
            10. Ramlal Singh @ Dharmendra Kumar son of Sri Ramchandra Singh
            11. Devendra Singh son of late Munnilal Singh---------------------Petitioners.
                                                      Versus
                                          THE STATE OF BIHAR .
                                                    -----------

3. 13.7.2010 Heard Learned counsel for the petitioners and the State.

Two groups clashed on the occasion of election of Zila

Shishakh Samiti. Later petitioners and others are alleged for causing

assault and committing loot for which submission of the learned counsel

for the petitioners is that injured was admitted to hospital. His statement

was recorded in which he has specified one Ram Kishore Singh as main

assailant causing assault by means of farsa which only was found fatal

and deceased succumbed to that injury. Theft is said super-addition.

Petitioners may be alleged for members of the mob but they have not

been shown committing any offence under any of the sections of

Scheduled Caste and Scheduled Tribe(Prevention of Atrocities) Act.

Having regard to the facts and circumstances of the case, in

the event of arrest or surrender within a period of one month from the

date of receipt/production of a copy of this order, above named

petitioners shall be released on bail on furnishing bail bond of

Rs.10,000/-(Ten thousand) each with two sureties of the like amount

each to the satisfaction of the C.J.M., Sitamarhi, in connection with
2

Sitamarhi P.S. case no.11 of 2008 ,subject to the conditions as laid

down under section 438(2) of the Code of Criminal Procedure.

Sudip                                     ( Mandhata Singh,J )