Patna High CourtCR. MISC./49102/2018disposed

Niraj Ram @ Niraj Kumar And ORS v. The State Of Bihar

2018-08-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49102 of 2018 Arising Out of PS.Case No. -191 Year- 2011 Thana -BASANTPUR District- SIWAN ======================================================

1. Niraj Ram @ Niraj Kumar

2. Prabhat Ram@ Prabhat Kumar Ram Both are Sons of Gulab Chand Ram

3. Kishore Sharma@ Kishore Ram S/o Punyadeo Ram

4. Arjun Ram@ Arun Ram S/o Jaganu Ram All are R/o Village- Basaon Mathia Tola, P.S. Basantpur, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Basantpur P.S.Case No.191 of 2011 , registered for offences punishable under Sections 341, 323, 302/34 of the Indian Penal Code.

Allegation against the petitioners as per FIR is that the motorcycle of the deceased met with an accident causing injury to one person and due to that he assaulted the deceased indiscriminately causing death.

Submission of the learned counsel for the petitioners is that in this case as a matter of fact final form has been submitted, not finding the case true against him and the cognizance has been

Patna High Court Cr.Misc. No.49102 of 2018 (2) dt.27-08-2018 2/2 taken in the year, 2013 but no summon or warrant has been issued against the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the learned court below that if the processes under Sections 82 and 83 Cr.P.C. has not been issued, he shall release the petitioner on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) in connection with Basantpur P.S.Case No.191 of 2011 With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T