Patna High CourtCR. MISC./23318/2016disposed

Santoo Kumar @ Santoo Kumar Rajak @ Santoo Rajak And ANR v. The State Of Bihar

2016-05-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23318 of 2016 Arising Out of PS.Case No. -62 Year- 2011 Thana -DUMARIA District- GAYA ======================================================

1. SANTOO KUMAR @ SANTOO KUMAR RAJAK @ SANTOO RAJAK son of Late Sadhu Rajak,

2. Bharat Thakur, Son of Krishna Deo Thakur, Both resident of villageMatha, P.S.- Dumariya, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-05-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 and Section 27 of the Arms Act.

The prosecution case is that 2-3 miscreants came on the motorcycle and fired at the husband of the informant who subsequently succumbed to the injuries. The F.I.R was registered against unknown. During investigation the name of the petitioners sprang up on the statement of Surendra Kumar recorded in paragraph 17 of the case diary to the effect that he named the petitioners as one of the conspirators.

It is submitted by learned counsel for the petitioners that though the case was registered in 2011 but the petitioners were not named in the F.I.R. Subsequently final

Patna High Court Cr.Misc. No.23318 of 2016 (2) dt.25-05-2016 2/2 form was submitted declaring the petitioners as absconders. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the suspicious nature of accusation and the petitioners having no criminal antecedent, let learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Dumariya P.S. Case No. 62 of 2011, pending in the Court of learned Additional Chief Judicial Magistrate, Sherghati, Gaya.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T