High Court Patna High Court - Orders

Tej Prakash Awadhiya vs State Of Bihar on 9 July, 2008

Patna High Court – Orders
Tej Prakash Awadhiya vs State Of Bihar on 9 July, 2008
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.24097 of 2008
                                   TEJ PRAKASH AWADHIYA
                                                Versus
                                         STATE OF BIHAR
                                              -----------

2 09/07/2008 Heard learned counsel for the petitioner and learned counsel

representing the State.

The case has been registered under sections 341, 323, 384,

379, 504, 506/34 of the Indian Penal Code and section 3 (x) of the

Prevention of Atrocities on SC/ST Act.

The informant is a schedule caste and is a sales man of wine

shop of Bibhuti Rai. Allegation is that the petitioner has demanded

ransom of Rs. 20,000/- and abused the informant in his caste name.

Submission is that after investigation allegation under the

Prevention of Atrocities on SC/ST Act was not found to be true.

Prayer for bail of the petitioner was rejected by the court below only

on the ground that he has criminal antecedents. It has further been

submitted that all the 14 cases were lodged against the petitioner prior

to 2001 and no case was lodged against him after that period. The

petitioner has contested election of assembly and at the behest of his

political enemies the present case has been filed.

Considering the facts and circumstances of the case, the

petitioner Tej Prkash Awadhiya is directed to be released on bail on

furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two

sureties of the like amount each to the satisfaction of the C.J.M.,

Gopalganj in connection with Gopalpur P.S. Case No. 25 of 2006.

avin.                                    (Shyam Kishore Sharma, J.)