IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.34922 of 2011
1. Sriniwas Pradhan, son of late Devi Dayal Pradhan
2. Vijay Shankar Pradhan, son of late Shiva Pradhan
3. Raghunath Pradhan, son of late Mahesh Pradhan
4. Narad Muni Pradhan @ Narad Pradhan, son of Raghunath Pradhan
5. Phulan Pathak @ Jhulan Pathak, son of late Chand Govind Pathak
6. Manoj Pradhan, son of late Krishna Bihari Pradhan @ Nawzad
Pradhan
All residents of village Parsaganda, P.S. Sikraul, district Buxar
.. Petitioners
Versus
The State Of Bihar .. Opposite party
****
/2/ 25 October Heard learned counsel for the petitioners and
2011
the State.
This is an application for grant of anticipatory
bail for offence under Sections 147, 148 and 323 of the
Penal Code and 3(i)(x) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.
The allegation is of abuse by calling the caste
name.
The learned counsel for the petitioners submits
that prior to the institution of this case a suit was filed
being T.S. no. 153 of 1998 filed on 05.08.1998 and, hence,
contends that the fact of the institution of the case is that
suit was filed against the complainant and others regarding
2
the land dispute and this case is the outcome of that case.
It has been submitted that other sections are bail able, but,
Section 3(i)(x) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act has been attracted for
false implication.
Hence, having regard to the facts and
circumstances, let the petitioners, above named, in the
event of their arrest or surrender, are directed to be
released on anticipatory bail, within four weeks, from the
date of receipt of this order, on furnishing bail bonds of
Rs.10,000/- (rupees ten thousand) each with two sureties of
the like amount each in connection with S.C. & S.T. Case
No. 4 of 2003 to the satisfaction of Additional District
Judge, I, Buxar, subject to the condition laid down under
Section 438(2) of the Criminal Procedure Code.
( Gopal Prasad, J.)
S.A.