Radheshyam Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21562 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -NARAINPUR District- BHOJPUR ======================================================

1. Radheshyam Singh

2. Ramyash Singh

3. Jangali Singh @ Susil Kumar @ Jangali @ Shushil Kumar, all are sons of late Jagdish Singh , Resident of vill- Ahila P.S.- Narayanpur DistBhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2016 It is submitted on behalf of the petitioners that petitioner nos. 1 and 2 have been arrested during the pendency of the present application, same is dismissed as withdrawn as against petitioner nos. 1 and 2.

Heard learned counsel for the petitioner no. 3 and the State.

The petitioner no. 3 is apprehending his arrest in a case instituted under Sections 307 and 504/34 of the Indian Penal Code. Allegation against the petitioners is that they have assaulted informant by fire arms.

It is submitted on behalf of the petitioner no. 3 that he has got no criminal antecedent. He has falsely been implicated in the present case. There is a 144 Cr. P.C. proceeding pending between the parties. As per allegation, all the three accused persons are said to have fired upon the informant. From perusal of the injury report (Annexure-3) it is evident that the informant has sustained one wound of entry and one wound of exit on the thigh. The allegation made in the F.I.R. is not supported by the injury report.

Patna High Court Cr.Misc. No.21562 of 2016 (2) dt.27-06-2016 2/2 The injury sustained by the informant is on the non-vital part of the body.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner no. 3, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Narayanpur P.S. Case no. 7 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T