Raju Kumar Singh @ Rakesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17928 of 2024 Arising Out of PS. Case No.-650 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1.
Raju Kumar Singh @ Rakesh Kumar Singh S/o Yogendra Prasad Singh @ Jogindra Singh @ Jogi Singh R/o Village- Daulatpur, P.S.- Gaurichak, Distt.- Patna 2.
Sushant Kumar @ Sushant Singh S/o Srikant Singh R/o Village- Alawalpur, P.S.- Gaurichak, Distt.- Patna 3.
Utpal Kumar S/o Srijesh Singh R/o Village- Alawalpur, P.S.- Gaurichak, Distt.- Patna 4.
Nipu Kumar @ Nipu Singh @ Dilip Kumar Singh S/o Ashok Singh R/o Village- Piyariya, P.S.- Gaurichak, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 504, 506 of the I.P.C. & Sections 25(1-b)a, 26 and 27 of the Arms Act and Section 30A/37 of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no.1, 3 and 4 are persons with clean antecedent and petitioner no.2 has antecedent of one case. The learned counsel
Patna High Court CR. MISC. No.17928 of 2024(2) dt.19-03-2024 2/3 submits that petitioners have been falsely implicated in the instant case. It is next submitted that their names transpired based on the confessional statement of Santu from whose possessoin three live cartridges along with two empty cartridges were recovered along with one open bottle of liquor of 750 ml along with the car. It is next submitted that the petitioner will not abscond rather will co-operate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25000/- (Rupees Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gaurichak P.S. Case No.650/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. Further, one of the bailors of the petitioners shall be their respective father.
7. However, it is made clear that in the event if the
Patna High Court CR. MISC. No.17928 of 2024(2) dt.19-03-2024 3/3 Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioners despite giving assurance to this court are not co-operating in the investigation or are not presenting themselves as and when required by the Investigating Officer, in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioners and to take all coercive steps to ensure that petitioners are behind bar.
(Satyavrat Verma, J) amit/- U T