Patna High CourtCR. MISC./48185/2017bail granted

Subodh Singh And ORS v. The State Of Bihar

2017-12-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48185 of 2017 Arising Out of PS. Case No.-60 Year-2015 Thana- SURYAGARHA District- Lakhisarai ======================================================

1. Subodh Singh, Son of Nageshwar Singh,

2. Rohit Kumar @ Rohit Singh Son of Subodh Singh,

3. Shambhu Singh Son of Ram Nand Singh,

4. Gorlal Singh, Son of Late Rama Kant Singh,

5. All R/o Village- Nandpur, P.S.- Surajgarha, District- Lakhisari. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. SRI TAPESHWAR SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Surajgarha P. S. Case No. 60 of 2015 registered for the offences punishable under Sections 147, 148, 149, 342, 324, 326, 307, 504, 302 of the Indian Penal Code and Section 27 of the Arms Act.

At the very outset, it has been submitted that in this case after completing investigation the petitioners have not been sent up for trial and against them final form was submitted whereas against other co-accused chargesheet was submitted vide Chargseheet No. 180 of 2015 vide annexure-2 but the learned court below after differing with the opinion of the Investigating Officer took cognizance, resulting, the petitioners are

Patna High Court Cr.Misc. No.48185 of 2017(4) dt.12-12-2017 2/2 apprehending their arrest and as such the petitioners deserve sympathetic consideration.

Learned APP fairly submits the petitioners have not been sent up for trial by the Police.

In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P. S. Case No. 60 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T