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Patna High CourtCR. MISC./15700/2021dismissed

Om Singh @ Om Jee Singh v. The State Of Bihar

2022-11-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15700 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== 1.

OM SINGH @ OM JEE SINGH Son of Anil Singh @ Anil Kumar Singh Resident of Purushottampur Dakhali, Ward No. 3, P.S.- Halai, DistrictSamastipur. 2.

Sanjeet Singh @ Sanjeet Kumar Singh Son of Ram Pravesh Singh Resident of Purushottampur Dakhali, Ward No. 3, P.S.- Halai, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhya Keshari Kumar, Senior Advocate Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard learned senior counsel for the petitioners assisted by Mr. Ajay Kumar Singh and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in Teghra P.S. Case No. 191 of 2020 registered for the offences punishable under Section 392 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Begusarai.

Patna High Court CR. MISC. No.15700 of 2021(16) dt.07-11-2022 2/3 Four unknown miscreants are said to have looted away loaded van of feed.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case on the basis of confessional statement of some other accused due to some local politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

From perusal of the order-sheets, it appears that vide order dated 03.03.2022, a direction was given to the learned Registrar General to conduct an enquiry and lodge an F.I.R. against the erring persons, if any found guilty in the enquiry, regarding suppression of criminal antecedent. The report must be submitted within a period of three months. In compliance thereof, a detailed enquiry report dated 18.10.2022 has been placed on record in a sealed envelop. In the concluding paragraph of the enquiry report, it is stated that

Patna High Court CR. MISC. No.15700 of 2021(16) dt.07-11-2022 3/3 Legal Cell, Patna High Court is being directed to lodge an F.I.R. against Sri Anil singh @ Anil Kumar Singh (Deponent) and Sri Om Singh @ Om Jee Singh (Petitioner no.1).

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, the petitioners are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J.) Trivedi/- U T