Guddu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5475 of 2025 Arising Out of PS. Case No.-282 Year-2024 Thana- NOKHA District- Rohtas ====================================================== 1.
Guddu Singh S/o Ramadhar Singh Resident of village- Chanka, PS- Nokha, Distt.- Rohtas at Sasaram.
2.
Mantu Singh S/o Ramadhar Singh Resident of village- Chanka, PS- Nokha, Distt.- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate Mrs. Arti Kumari, Advocate For the Informant :
Mr. Md. Fazle Karim, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-02-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners seek bail in connection with Nokha P.S. Case No. 282 of 2024, FIR dated 28.07.2024, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 103, 303(2), 118, 352, 351(2) and 351(3) of the Bhartiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case as emerges from the FIR is that the victim was killed by the co-accused persons and the only allegation against the petitioners in the FIR is that they were also involved in the alleged occurrence.
Patna High Court CR. MISC. No.5475 of 2025(2) dt.19-02-2025 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that there is no specific allegation against the petitioners in the alleged commission of offence and only wild allegation has been made against the petitioners that they have also hand in the commission of the alleged offence.
5. He further submits that the petitioners have been languishing in jail since 22.10.2024.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioners have no criminal antecedents.
7. It has also been stated in paragraph no. 2 of the bail petition that the petitioners have not moved before this Court earlier either for anticipatory bail or regular bail.
8. However, learned counsel for the informant as well as the learned APP for the State vehemently opposes the prayer of the petitioners for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, above named, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties on the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Nokha P.S. Case No. 282 of 2024 on the following conditions:
Patna High Court CR. MISC. No.5475 of 2025(2) dt.19-02-2025 3/3 (i) The petitioners will make themselves available for interrogation by a police officer / Court as and when required. (ii) The petitioners will undertake that investigation / trial will not get hampered on account of their absence or noncooperation. They must be available to the police or the Court whenever their presence is required.
(iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) In case, it is brought to the notice of the Court below that the petitioners have criminal antecedents, learned Court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (v) In case, it is brought to the notice of the Court below that statement regarding previous bail petition is wrong, learned Court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J) Ravi / Shahnawaz/- U T