Shankar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38111 of 2014 Arising Out of PS.Case No. -116 Year- 2014 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Shankar Singh

2. Sanjeev Singh Both Sons of Nand Kishore Singh

3. Nand Kishore Singh Son of Late Sukeshwar Singh

4. Krishna Nandan Singh Son of Late Rajeshwar Singh All resident of village- Mohari, P.S.- Tariyani, District- Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwari For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners seeks liberty and seeks to withdraw the application as petitioner Nos. 1, 2 and 4 have already been taken into custody, therefore, this application as against them, has become infructuous and is treated as dismissed as withdrawn.

So far as petitioner No. 3 is concerned, learned counsel for the petitioners submits that there is no specific allegation against him except the fact that other accused persons have fired from the roof of the house of the petitioner. Learned counsel for the petitioners has further brought on record the identity card of the petitioner issued by the Election Commission of India which shows that the petitioner is an old man of about 83 years of age.

Patna High Court Cr.Misc. No.38111 of 2014 (4) dt.13-04-2015 P2/2 Considering the aforementioned submissions and the nature of allegation and also the fact that the petitioner No. 3 has no criminal antecedent, let the petitioner (Nand Kishore Singh), in the event of his arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned A.C.J.M., Sheohar, in connection with Tariyani P.s. Case No. 116/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J.) Saif/- U T