Shambhu Noniya And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15850 of 2016 Arising out of PS.Case No. -513 Year- 2011 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Shambhu Noniya, Son of Bino Noniya @ Beni Noniya.

2. Karu Noniya, Son of Late Baijnath Noniya.

3. Rajo Noniya, Son of Late Bido Noniya @ Bidya Noniya. All residents of Village - Jhulauna, P.S. - Ramgarh Chowk, District - Lakhisarai. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rajive Ranjan Singh, Advocate. For the Opposite Party : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No.513 of 2011, G.R. No. 1291/2011, for the offences instituted under Sections 147, 148, 149, 323, 337, 338, 307, 379 and 341 of the IPC.

The prosecution story, in brief, is that while the informant after attending the Barat reached near the VillageBihrora then suddenly his vehicle met with an accident due to that a person died. Thereafter 100-150 people assaulted the informant and the driver of the vehicle fled away. It is further alleged that the belongings kept in the vehicle was looted away and also damaged the vehicle.

Patna High Court Cr.Misc. No.15850 of 2016 (2) dt.16-05-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The police after investigation submitted final form against the petitioners. The court below differed with the police report and has taken cognizance. The petitioners are not named in the FIR. No specific allegation has been made against them. FIR was instituted against 100-150 unknown persons. The alleged occurrence is said to have taken place due to road accident.

On behalf of the State it has been submitted that the petitioners are not named in the FIR and their name has come in course of investigation.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 513/2011, G.R. No. 1291/2011 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T