Baban Singh @ Babhan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20763 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -RANIYATALAB District- PATNA ======================================================

1. Baban Singh @ Babhan Singh

2. Pawan Singh Both Sons of Ram Janam Singh

3. Dhirendra Singh Son of Sajindar Singh All Resident of Village- Patoot, Police Station- Rani Talab, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-05-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/504/354/379/34 of the Indian Penal Code. The petitioners were on police bail. The police submitted charge sheet for bailable offences only. However, learned Magistrate has taken cognizance under Section 379 of the Indian Penal Code, which is non-bailable. In the circumstances, the petitioners apprehend arrest in this case. Since there is no material to substantiate that petitioners have abused the privilege of bail, hence, there is no reason that in

Patna High Court Cr.Misc. No.20763 of 2017 (2) dt.12-05-2017 2/2 the event of appearance, petitioners should be sent to jail. As petitioners are already on police bail, hence, it is dismissed as not maintainable.

(Birendra Kumar, J) Mkr./- U T