Roshan Singh @ Roshan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25221 of 2023 Arising Out of PS. Case No.-7 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.
ROSHAN SINGH @ ROSHAN KUMAR SINGH SON OF GUDDU SINGH R/O VILL.- DUMARIYA, P.S.- DUMARIYA GHAT, DISTT.- EAST CHAMPARAN(BIHAR) 2.
GOLU SINGH SON OF GUDDU SINGH R/O VILL.- DUMARIYA, P.S.- DUMARIYA GHAT, DISTT.- EAST CHAMPARAN(BIHAR) 3.
SUNIL SINGH @ SANIL SINGH SON OF NARAD SINGH R/O VILL.- DUMARIYA, P.S.- DUMARIYA GHAT, DISTT.- EAST CHAMPARAN(BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Singh, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-08-2023
1. Heard learned counsel for the petitioners, Mr. Ranjeet Singh and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 385, 506, 379 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.
4. The informant alleges that he was intercepted by the accused persons and on orders of Sunil, accused Golu pointed pistol at him, thereafter Aditya assaulted by knife
Patna High Court CR. MISC. No.25221 of 2023(2) dt.17-08-2023 2/3 causing injury on head and Roshan took out Rs. 20,000/- from his pocket and accused persons also demanded extortion.
5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that Sunil is alleged to be an order giver based on which it is alleged that Golu pointed gun at the informant, but then no firing was done nor any firearm injury was caused and Roshan is alleged to have snatched Rs. 20,000/- from his pocket. Learned counsel further submits that the date of occurrence is 04.01.2022 and the FIR came to be instituted on 13.01.2022 i.e. after a delay of 9 days without any plausible explanation which casts an aspersion on the case of the prosecution.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.25221 of 2023(2) dt.17-08-2023 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dumaria Ghat P.S. Case No. 07 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T