Ram Balak Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45766 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -SAHIARA District- SITAMARHI ======================================================

1. Ram Balak Singh, Son of Shri Ram Narayan Singh

2. Ram Narayan Singh, Son of Late Bhola Singh Both resident of Village Belahi Jairam, P.S. Sahiara, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh, Adv. For the Opposite Party/s : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2016 Heard both sides.

The petitioners apprehend their arrest in Sahiara P.S. Case No. 94/2015, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant named the petitioners along with Sunil Paswan, Ketu Paswan and alleged that Sunil Paswan and Ketu Paswan assaulted the informant with lathi. Ram Narayan Singh petitioner no. 2 is alleged to have assaulted the informant with Garasa and Ram Balak Singh petitioner no. 1 assualted the informant with Dabiya on his head.

Learned counsel for the petitioners submits that of course, there are altogether five injuries on the body of the

Patna High Court Cr.Misc. No.45766 of 2016 (3) dt.20-12-2016 2/2 informant, but all the injuries are said to have been caused by hard and blunt object. Petitioners are alleged to have assaulted with sharp-edged weapon, but no injury is opined to be caused by sharp-edged weapon. The police submitted final form finding the case true against Sunil Paswan and Ketu Paswan, but the police did not find the case true against the petitioners.

Considering the facts aforesaid and the fact that the police after investigation submitted final form finding the case false against the petitioners, as no injury is found to have been caused by sharp-edged weapon, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sitamarhi in connection with Sahiara P.S. Case No. 94/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T