Dashrath Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36960 of 2016 Arising Out of PS.Case No. -339 Year- 2015 Thana -DUMRAUN District- BUXAR ======================================================

1. Dashrath Singh S/o late Sidheshwar Singh

2. Ashok Singh@Ashok Kumar Singh S/o Dashrathn Singh

3. Mahesh Singh S/o Sri Jitan Singh All R/o Village Semrao Englishpur, P.S. Charpokhari, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 302, 201 and 34 of the Indian Penal Code.

Prosecution case, as per statement of the Chaukidar, namely, Hriday Paswan, is that on getting information he went near railway track and found dead body of two persons, who were murdered and thrown on the railway track with a view to get the dead bodies destroyed.

It has been submitted on behalf of the petitioners that they have got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioners. Petitioners are not named in the F.I.R. In course of investigation, at best a case of last seen is made out against petitioner no. 1. As far as petitioner nos. 2 and 3 are concerned, there is no substantive evidence against them to suggest their implication in the present case.

Patna High Court Cr.Misc. No.36960 of 2016 (3) dt.13-12-2016 2/2 On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case no. 339 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T