Tuntun Singh @ Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12499 of 2023 Arising Out of PS. Case No.-543 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Tuntun Singh @ Tuntun Kumar Son Of Parmanand Singh R/V- Saidpur Ganesh, P.S.- Bidupur, District- Vaishali 2.

Subodh Kumar Son Of Rama Singh @ Rama Ray R/V- Saidpur Ganesh, P.S.- Bidupur, District- Vaishali 3.

Sunil Kumar Son Of Parmanand Singh R/V- Saidpur Ganesh, P.S.- Bidupur, District- Vaishali 4.

Rama @ Rama Rai Son Of Late Birbal Singh R/V- Saidpur Ganesh, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act and 3⁄4 of Explosive Substance Act. As per FIR, after breaking the lock of the school, petitioners entered and looted away Rs. 30,000/- and damaged several items of school office. It is further alleged that the petitioners and other accused persons exploded bombs and started indiscriminate firing as a result of which several persons got injured.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.12499 of 2023(2) dt.18-05-2023 2/2 this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 09.11.2022 passed in Cr. Misc. No. 22101 of 2022. He further submits that petitioner no. 4 has no criminal antecedent and petitioner nos. 1, 2 and 3 have one criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bidupur P.S. Case No. 543 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T