Randhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31221 of 2013 Arising Out of PS.Case No. -250 Year- 2011 Thana -HAJIPUR District- VAISHALI (HAJIPUR) =========================================================== Randhir Kumar Singh Son of Vijay Shankar Singh, Resident of Village-Karmopur P.S.- Bidupur District- Vaishali .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar No.1, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 02-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is a named accused in Hajipur Town P.S. Case No. 250 of 2011 of the Indian Penal Code and 27 of the Arms Act.

On completion of investigation, the police found the allegation made against the petitioner to be true and the petitioner and one another namely, Vikash Kumar Singh were sent up for trial. On perusal of the police report submitted under Section 173(2) of the CrPC, the learned Chief Judicial Magistrate, Hajipur finding a prima facie case to be made out under Section

Patna High Court Cr.Misc. No.31221 of 2013 dt.02-08-2016 2 / 2 302/34 of the Indian Penal Code and 27 of the Arms Act summoned the petitioner to face trial. The summoning order dated 07.09.2011 is under challenge in the present case.

Having regard to the allegations made in the FIR and the materials collected by the police in course of investigation, if the court below has summoned the petitioner to face trial, no fault can be found with such order.

Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR CAV DATE N.A.

Uploading Date 04.08.2016 Transmission 04.08.2016 Date