IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 13204 of 2009 1 Lal Babu Singh, son of Basudeo Singh 2 Biresh Kumar Singh, son of Sri Lal Babu Singh 3 Mithilesh Kumar Singh, son of Lal Babu Singh 4 Birendra Yadav, son of Sri Sipahi Yadav, residents of Village – Bhadain, Police Station – Barharia, District – Siwan - Petitioners Versus 1 The State of Bihar 2 Ram Balak Singh, son of late Ansika Singh, resident of village – Bhadain, Police Station – Barharia, District – Siwan -Opposite Parties ----------- 3 06.08.2009 There are 4 petitioners in this case. The informant has appeared and has been heard. Case diary was called for. Petitioners No 2 and 3 are sons of petitioner No 1. Petitioner No 4 is a co-villager. The informant is also of the same village. Petitioner No 2 is a student of B Ed and has to appear in special classes to be eligible for B Ed Examination. The petitioners apprehend arrest in Barharia Police Station Case No 86 of 2004 instituted under Sections 147, 148, 149, 307 of Indian Penal Code and Section 27 of the Arms Act. In this case, police, having submitted final form stating that the occurrence is true but the accusation is false, on basis of protest petition filed, cognizance has been taken and the case is now registered as Case No C-1821 of 2008, Trial No 3382 of 2009 pending in the Court of learned Subdivisional Judicial Magistrate, Siwan. It is alleged that the informant, who is a brick-kiln owner, was going on a motorcycle. He found 6 people, 3 on each side of the road, waiting for him. As he reached there, they fired. He was injured. It is alleged that they were 2 demanding Rangdari. The case was supervised. There appears to be a bit of controversy both with regard to the persons being involved in the case and the nature of injury as well. Ultimately the DIG, Saran Division directed the Superintendent of Police, Siwan to personally supervise the investigation of the case. Pursuant thereto, police filed final form not sending the petitioners up for trial. On protest, the same was registered as a separate complaint case and cognizance was taken for the offences, as aforesaid and the trial is pending. Shri Birendra Kumar Sinha, learned senior counsel appearing in support of the petitioners submits that right from the beginning, the implication of the petitioners was mala fide. That would be evident from the fact that the first 3 petitioners are father and sons. It is quite unnatural that father and sons’ team will team up for demanding Rangdari. Then the injury report is not on the records of the complaint case. It was found in the case diary only and the injury, as noted therein, do not justify the allegation of injury by firearm. The informant was represented in this Court. Court asked repeatedly as to what could be the motive behind this act of the petitioners. The stock reply was Rangdari and village enmity. Be that as it may, in the facts and circumstances of the case, if the petitioners abovenamed surrender before the Court below within 4 weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Siwan in Complaint Case No C-1821 of 2008 3 arising out of Barharia Police Station Case No 86 of 2004 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)