Ramji Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37595 of 2014 Arising Out of PS.Case No. -52 Year- 2012 Thana -HATHIDAH District- PATNA ======================================================

1. Ramji Singh

2. Ramadhar Singh Both are sons of Late Jagdambi Singh, Resident of village- Mahendrpur, P.S.- Hathidah, District- Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.10694 of 2015 Arising Out of PS.Case No. -52 Year- 2012 Thana -HATHIDAH District- PATNA ======================================================

1. Ravi Shankar @ Karu Singh

2. Shashi Shankar @ Ghutesh Both Sons of Ramji Singh, Resident of Village - Mahendrapur, Police Station - Hathidah, District - Patna.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.37595 of 2014) For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Arun Kumar Singh-5 (APP) (In Cr.Misc. No.10694 of 2015) For the Petitioner/s : Mr. Manish Kumar No. 2 For the Opposite Party/s : Mr. Shailendra Kumar No.1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2015 Heard both sides.

The petitioners, Ramji Singh, Ramadhar Singh, Ravi Shankar @ Karu Singh and Shashi Shankar @ Ghutesh apprehend their arrest in Hathidah P.S. Case No. 52/2012 under Section 307 and other sections of the Indian Penal Code and Section 27 of the

Patna High Court Cr.Misc. No.37595 of 2014 (2) dt.18-03-2015 2/3 Arms Act.

The informant named the petitioners and alleged that Mukesh Kumar @ Muko, Gyan Prakash @ Tony and Shyam Bahadur Singh made indiscriminate firing. The firing made by Mukesh Kumar hit Raushan Kumar at his right thigh. Gyan Prakash fired at Hareram Singh and Shyam Bahadur Singh fired at Rakesh Kumar.

It is submitted that the petitioners are, of course, named in the F.I.R. but the police, after investigation, did not find the case true against the petitioners and submitted final form finding the case false against the petitioners. The case was found true only against Mukesh Kumar @ Muko and Shyam Bahadur Singh but the learned magistrate took cognizance against the petitioners also.

Having considered the facts that, of course, the petitioners are named in the F.I.R. but no specific allegation of assault has been made against them and the police, after investigation, did not find the case true against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned 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

Patna High Court Cr.Misc. No.37595 of 2014 (2) dt.18-03-2015 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in Hathidah P.S. Case No. 52 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T