Basant @ Basant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21794 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Basant @ Basant Kumar Singh S/O- Dashai Prasad R/O- Village- Naya Gaon, Laddu Akhara, P.S.- Alamganj, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 448, 380, 427, 504, 506 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have committed robbery in the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that occurrence took place on 19.02.2023 but the FIR has been lodged on 26.02.2023 after delay of 7 days without explaining any reasonable cause of delay. He further submits

Patna High Court CR. MISC. No.21794 of 2024(3) dt.10-04-2024 2/2 that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that the petitioner and other accused persons entered into the house of the informant and committed robbery.

6. Considering the facts and circumstances of the case and the fact that there is admitted land dispute between the informant and the co-accused Sanjay Kumar, let the above named petitioner in the event of his 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) 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 Alamganj P.S. Case No. 165 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T