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Patna High CourtCR. MISC./6796/2025bail rejected

Bijendra Singh @ Birendra Kumar v. The State Of Bihar

2025-03-18Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6796 of 2025 Arising Out of PS. Case No.-324 Year-2024 Thana- GOGRI District- Khagaria ====================================================== 1.

Bijendra Singh @ Birendra Kumar S/o Bhopal Singh @ Bhupal Singh R/o Vill.- Barichak, P.S.- Gogri, District- Khagaria, Bihar 2.

Saheb Singh S/o Balo Singh @ Baleshwar Singh R/o Vill.- Barichak, P.S.- Gogri, District- Khagaria, Bihar ... ... petitioners/s

Versus

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

For the petitioners/s :

Mr. Subodh Kumar, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Gogari Police Station Case No. 324 of 2024, disclosing offences under Sections 331(4), 305(a) of the B.N.S., 2023.

3. As per the prosecution case, the informant on 15.08.2024 went along with his wife and children to Vaishno Devi after closing his home on 22.08.2024. When he returned from Vaishno Devi and went to Suryagardha, on 23.08.2024 he received a phone call that the lock of his house was broken. Immediately, he rushed towards his house and found that the lock of his house was broken. His costly articles along with cash

Patna High Court CR. MISC. No.6796 of 2025(2) dt.18-03-2025 2/3 and laptop etc. were stolen. The informant has raised suspicion against the petitioners and also found the equipment used by the thieves.

4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case on the basis of suspicion only that the equipment/article which was said to be left by the thieves are made by the petitioners and their family members. Apart from the aforesaid equipment which does not belong to the petitioners nothing has been recovered from their possession and from their premises. He further submits that the informant is working in the Police department and a meeting was held on 05.11.2024 in presence of the ward member of the ward nos.17 and 18 of Nagar Parishad Gogari, Jamalpur, Khagaria and in that meeting villagers have decided that petitioners are poor and labour grade persons and they are innocent.

5. Having regard to the submissions made on behalf of the parties and perused the FIR including the impugned order, a strong suspicion has been raised against the petitioners in the FIR, the Police during course of investigation has recorded the confessional statement of Md. Monjir who disclosed the petitioner's involvement in the crime, the confessional statement

Patna High Court CR. MISC. No.6796 of 2025(2) dt.18-03-2025 3/3 of the co-accused may be the basis of the further investigation of the Police for which the interrogation of the petitioners may be required, I am not inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ajay/- U R