Bhola Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19997 of 2025 Arising Out of PS. Case No.-688 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Bhola Singh Son of Late Raj Narayan Singh Resident of Village- Masarhi, Police Station - Gaurichak, District - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ravindra Singh, S/o Late Raja Singh, Resident of Village Masarhi, P.S. Gaurichak, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishna Jha, Advocate For the Informant :
Mr. Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2025 Heard Mr. Raj Krishna Jha,learned counsel for the petitioner, learned counsel for the Informant and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Gaurichak P.S. Case No. 688 of 2024, F.I.R. dated 16.11.2024 for the offences punishable under Sections 351(2), 109, 324 of the Bhartiya Nyay Sanhita, 2023 and 27 of Arms Act.
3. As per the First Information Report, the informant alleged that when he was ploughing his field, in the meantime, the petitioner along with other persons came with pistol and threatened the informant. It is further alleged that the petitioner
2/4 fired upon the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that FIR is in two parts. In first part there is specific allegation against the petitioner that he came in the field of the informant and in the second part there is no specific allegation of assault or overt act against him, even the name of the petitioner was missing in the second part of the FIR. Infact the land in question originally belongs to one Nagendra Singh and his wife has sold the land in question to wife of the petitioner by registered sale deed dated 03.09.2022.
5. The learned Additional Public Prosecutor and learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the FIR and he has participated in the present crime in question and apart from that the Circle Officer has not mutilated the name of the wife of the petitioner in the land in question and apart from that the petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
3/4 let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Patna City, Patna in connection with Gaurichak P.S. Case No. 688 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for
4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T