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[Cites 8, Cited by 2]

Patna High Court - Orders

Rajkapoor Singh & Ors. vs The State Of Bihar on 5 March, 2012

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Miscellaneous No.6459 of 2012
               ======================================================
               1. Rajkapoor Singh
               2. Shashi Kapoor Singh
               3. Suresh Singh
               4. Ranjeet Kumar
                                                                   .... .... Petitioner/s
                                               Versus
               The State Of Bihar
                                                              .... .... Opposite Party/s
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
               SINGH
               ORAL ORDER


02/   05-03-2012

Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 302 of the Indian Penal Code, 27 of the Arms Act and 17 of Criminal Law Amendment Act.

It is alleged in the FIR that the petitioner Suresh Singh caught the brother of the informant and then Kameshwar Singh dashed him on the ground and thereafter petitioner Rajkapoor fired from his revolver causing injury on the forehead of the victim. Udal Singh also fired and caused injury on the forehead of the victim.

It appears that during investigation the accusation was found false and final form was submitted against the petitioners whereas other four persons were charge-sheeted, who Patna High Court Cr.Misc. No.6459 of 2012 (2) dt.05-03-2012 2/2 were put on trial but they were acquitted vide Sessions Trial No. 1594 of 2010/1705 of 2010.

It is submitted by learned counsel for the petitioners that differing with the final form cognizance has been taken in the matter.

Considering the fact that accusation was found false against the petitioners during investigation and the charge- sheeted accused have already been acquitted, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve 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 learned Additional Sessions Judge II, Danapur, Patna in connection with Sessions Trial No. 1594 of 2010/1705 of 2010 arising out of Paliganj P.S. Case No. 50 of 2003, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J.) DKS/ .