Krishna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12979 of 2025 Arising Out of PS. Case No.-348 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Krishna Singh Son of Jai Ram Singh Resident of Village- Sarna, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sahpur P.S. Case No. 348 of 2024 dated 04.11.2024, instituted for the offence punishable under Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 3(5) of the B.N.S. Act, 2023.
3. The prosecution case, in short, is that on 03.11.2024 at about 07:30 pm, informant and his brother were going to Garaj but in the way accused persons namely, Jairam Singh, Om prakash Singh and Sarvjeet Singh stopped them and demanded Rs. 20,000/- as ransom money. When the informant and his
2/4 brother denied to pay the ransom money then the accused person armed with lathi, danda, iron rod, Bhala and sword etc started assaulting him and his brother. It is further alleged that Bhim Singh assaulted the informant by means of dab and Satyadeo Singh and Nakul assaulted the brother of informant namely, Ranjan Kumar by means of dab and iron rod.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner rather the same is general and omnibus in nature. There is a specific allegation against Bhim Singh, Satyadeo Singh and Nakul who are said to have assaulted informant and his brother by means dab and iron rod. Learned counsel further submitted that impugned order reveals that injuries received by the informant and his brother is simple in nature. There is a case and counter case between the parties. Counter case bearing Sahpur P.S. Case No. 349 of 2024 has been lodged by petitioner no. 3 against the informant and others. Lastly, it has been submitted that petitioner has four criminal cases against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
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6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sahpur P.S. Case No. 348 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 1st,, Bhojpur at Ara subject to condition as laid down under Section 438(2) of the Cr.P.C. as also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) sankalp/- U T