Vashishtha Singh @ Bashist Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43914 of 2015 Arising Out of PS.Case No. -164 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== Vashishtha Singh @ Bashist Singh S/o Late Rameshwar Singh resident of village- Mothahan, P.S. Marhowrah, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv. For the Opposite Party/s : Mr. J.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 5.

04-01-2016 Heard both sides.

The petitioner apprehends his arrest in Marhorah P.S. Case No. 164/2015, registered for the offences punishable under Section 307, 323, 504 and other sections of the Indian Penal Code. The informant named the petitioner along with five other persons and alleged that petitioner ordered to kill Dinesh Sah brother of the informant. On such order other accused persons assaulted informant and others.

It is submitted that the petitioner is simply order giver. The petitioner did not assault anybody. The son of the petitioner purchased a piece of land from father of Dinesh Sah who happens to be the brother of the informant and for that proceeding under Section 144 in Cr. P.C. was also initiated and the same was

Patna High Court Cr.Misc. No.43914 of 2015 (5) dt.04-01-2016 2/2 dropped.

It is submitted that the petitioner is a retired headmaster of his school and he superannuated in the year 2001 on account of land enmity the petitioner was falsely implicated in this case. Considering the facts aforesaid and the fact that the petitioner is a retired headmaster and there is no allegation of assault against him. He is alleged to have exhorted to kill Dinesh Sah. Dinesh Sah did not receive any injury, the petitioner, in the event of his 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, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhorah P.S. Case No. 164/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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