Petitioner sought regular bail in an SC/ST case. Court directed lower court to consider bail application within six weeks of surrender. Application disposed of.
Directed lower court to consider regular bail application preferably on the same day if petitioner surrenders within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46352 of 2012
====================================================== Karu Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 15-01-2013 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in SC/ST P.S. Case No. 23 of 2003 registered for the offences punishable under Sections 147, 323, 325, 307, 379, 436, 511 and 506 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act pending in the court of learned 1st Addl. Sessions Judge, Bhagalpur.
The allegation is of assaulting the informant, stanching of cash from pocket and abusing the informant by calling caste name.
It is submitted by learned counsel for the petitioner that there is no accusation of assault against this petitioner when the accused persons have been granted anticipatory bail by this Court vide Cr. Misc. No. 43761 of 2010.
In view of this Court, it is fit case for consideration of regular bail.
Patna High Court Cr.Misc. No.46352 of 2012 (3) dt.15-01-2013
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Let the learned court below consider the regular bail of the petitioner preferably on the same day if the petitioner surrenders within a period of six weeks.
With the above observation, this application is, accordingly, disposed off.
Let the order be transmitted to the learned court below through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
2 issues framed by the court
Whether the petitioner is entitled to regular bail in an SC/ST P.S. Case where no accusation of assault exists and anticipatory bail has been granted for other accused.
Whether the High Court should direct the lower court to consider regular bail promptly upon the petitioner's surrender.
Karu Yadav
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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