Pintu Singh @ Sreekant Kumar Singh @ Sreekant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32053 of 2024 Arising Out of PS. Case No.-898 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Pintu Singh @ Sreekant Kumar Singh @ Sreekant Singh Son Of Ramesh Singh Village- Khalpura, P.S.- Muffasil,Dist- Saran 2.
Ramesh Singh Son Of Late Deepan Singh Village- Kalpura, P.S.- Muffasil, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Munna Kumar, Advocate Mr. Gopal Govind Mishra, Advocate For the State :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-05-2024 Heard Ld. counsel for the petitioners and Ld. APP for the State.
2. The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 898 of 2022 dated 11.12.2022, registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the allegation levelled against the petitioners and co-accused persons is of abusing and assaulting by fists and also snatching a sum of Rs. 5,000/- and a bicycle from the informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.32053 of 2024(2) dt.22-05-2024 2/3 the petitioners are innocent and have falsely been implicated in this case. He further submits that as per the alleged facts and circumstances, case is never made out under Section 307 of I.P.C. because as per the allegation, the accused persons have assaulted by fists. Moreover, the allegation against the accusedpetitioners is general and omnibus in nature and there is no specific overt act against the petitioners.
5. It has also been stated in paragraph no.3 of the bail petition that the petitioners have no criminal antecedent.
6. It is also stated in paragraph no. 2 of the petition that petitioners have never moved before this Hon'ble Court for grant of Anticipatory Bail or Regular Bail.
7. However, Ld. APP for the State opposes the prayer of the petitioners for anticipatory bail.
8. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners above named, to be enlarged on bail in the event of their arrest or surrender before Ld. trial court within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Saran at Chapra, in
Patna High Court CR. MISC. No.32053 of 2024(2) dt.22-05-2024 3/3 connection with Muffasil P.S. Case No. 898 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of Ld. trial court that the petitioners have any criminal antecedent, Ld. trial court shall cancel the bail bond of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (ii) In case, it is brought to the notice of Ld. trial court that statement regarding previous bail petition is wrong, Ld. trial court shall cancel the bail bond of the petitioners. (Jitendra Kumar, J.) ravishankar/- U T