Harihar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18280 of 2015 Arising Out of PS.Case No. -91 Year- 2012 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Harihar Singh, S/o Late Raja Ram Singh.

2. Haem Shankar Singh, S/o Harihar Singh.

Both Resident of village- Sahpur, P.S.- Lalganj, District- Vaishali. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 02-07-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioners apprehend their arrest in connection with Sessions Trial No.291 of 2014, arising out of Lalganj P.S. Case No.91 of 2012, registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354 and 504 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that while the petitioners are named in the F.I.R. alongwith 8 others but no specific overt act has been attributed to the petitioner no.2 and so far as the allegation against the petitioner no.1 is concerned, the

Patna High Court Cr.Misc. No.18280 of 2015 (2) dt.02-07-2015 2/2 only allegation against him is that he instigated the other accused persons to cause injury to the informant. It is further submitted that the police on investigation submitted the final form against the petitioners but in course of trial they were summoned under Section 319 of the Code of Criminal Procedure. Further submission is that due to ulterior motive the witnesses have disclosed the name of the petitioners in course of trial and the petitioners have got no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within two weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III, Vaishali at Hajipur, in connection with Sessions Trial No.291 of 2014, arising out of Lalganj P.S. Case No.91 of 2012, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T