Rohit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48008 of 2017 Arising Out of PS.Case No. -245 Year- 2016 Thana -BIKRAM District- PATNA ======================================================

1. Rohit Kumar, Son of Indrajeet Singh,

2. Ram Nirekhan Singh, Son of Ramanurag Singh, Both R/o VillageGorakhi, P.S.- Bikram, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bikram P.S. Case no. 245 of 2016, registered under Sections 307, 323, 325, 341 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 10.11.2016, the informant Sriman Naryan Sharma went to watch his paddy field, where his villagers Rama Anurag Singh and his three sons, namely, Mandeesh Singh, Indrajeet Singh and Ram Nirakhan Singh (Petitioner No.2) and Rohit Kumar (Petitioner No.1) came having pistol in their hand and started to abuse the informant, when informant made protest then on the order of Ram Anurag Singh, Indrajeet Singh and Mandeesh Singh shot fire and firing made by Indrajeet Singh hit the thigh of informant.

Patna High Court Cr.Misc. No.48008 of 2017 (2) dt.11-10-2017 2/2 Learned counsel for the petitioners submits that it would appear from the F.I.R. that petitioners are named in the F.I.R. as a member of mob, but specific allegation of firing is against Mandeesh Singh and Indrajeet Singh. After investigation, the Police submitted Final Form against the petitioners submitting the Chargesheet against others, but the learned Chief Judicial Magistrate has taken cognizance of the offence against the petitioners differing from the Final Form submitted by the Investigating officer of this case.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Danapur in connection with Bikram P.S. Case No. 245 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.