Hari Shankar Singh @ Hari Shanker Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.10149 of 2016 (3) dt.08-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10149 of 2016 Arising Out of PS.Case No. -55 Year- 2009 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. HARI SHANKAR SINGH @ HARI SHANKER SINGH Son of Chhaibar Singh
2. Babloo Singh son of Hari Shanker Singh @ Hari Shankar Singh
3. Dau Dingh Son of Chhaibar Singh
4. Santosh kumar Singh @ Santosh singh Son of lalita Singh
5. Bhanu Pratap Singh @ Bhanu Singh Son of Chhaibar Singh All Are Resident of Village- Isiyan Police Station Chainpur District Kaimur Bhabua.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rajesh Kumar Pathak, Advocate For the Opposite Party : Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Chainpur P.S. Case No. 55 of 2009 pending in the Court of CJM, Bhabua for the offences instituted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The allegation, in brief, is that all the accused persons in Barat due to enmity opened fire causing spot death of Naumi Singh, the deceased and firearm injury was found on his body. The earlier bail application of the petitioners was rejected vide Cr.Misc.No.34395 of 2010 dated 23.02.2011. It is submitted
Patna High Court Cr.Misc. No.10149 of 2016 (3) dt.08-04-2016 that in course of investigation, the police had submitted a final form against the petitioners. The case of other co-accused was put on trial and the said accused persons have been acquitted by the trial Court.
On behalf of the State, it has been submitted that the petitioners are named in the FIR and the earlier bail application of the petitioners was rejected vide Annexure-1 of the petition. Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioners on anticipatory bail, the same is rejected.
Anyhow, if the petitioners surrender in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order and if possible the same may be disposed of on the same day taking into account the submissions made on behalf of the petitioners. (Sudhir Singh, J) B.Kr./- U T