Patna High CourtCR. MISC./28986/2025bail granted

Sunil Singh @ Lankesh v. The State Of Bihar

2025-07-18Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28986 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Sunil Singh @ Lankesh S/O Shiv Shankar Singh R/O Village- Jihuli, P.SPatahi, Distt.- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate :

Ms. Isha Mishra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2025 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner as well as Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 03.01.2025 in connection with Patahi P.S. Case No. 02 of 2025, F.I.R. dated 02.01.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of Bharatiya Nyay Sanhita, 2023 and 27 of Arms Act.

3. According to prosecution case, the informant alleged that on 02.01.2025, the petitioner alongwith other co-accused came at his house and stated abusing. On protest, the accused persons assaulted and informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.28986 of 2025(5) dt.18-07-2025 2/3 present case due to village politics. As per allegation in the FIR, the petitioner assaulted to the informant and he received injury. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. Although the petitioner is named in the FIR but specific allegation of firing is attributed against co-accused persons and apart from that similarly situated co-accused persons, namely, Akhand Jyoti @ Satyam Kumar @ Satyam and Ram Vinay Singh @ Ramvinay Kumar Singh has been granted the privilege of anticipatory bail by this Court vide order dated 25.06.2025 passed in Cr. Misc. No. 36420 of 2025. The police after investigation has submitted charge-sheet The petitioner is in custody since 03.01.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that that the petitioner carries two criminal antecedents other than the present one but fairly submits on the basis of supplementary affidavit that the petitioner is on bail in the pending matters.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and similarly situated co-accused persons have been granted the privilege of anticipatory bail by this Court, let the petitioner, above named, be released on bail on

Patna High Court CR. MISC. No.28986 of 2025(5) dt.18-07-2025 3/3 furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, East Champaran, Motihari in connection with Patahi P.S. Case No. 02 of 2025, subject to the 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 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds 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