Vikash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27967 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- CHAPRA TOWN District- Saran ====================================================== Rohan Kumar Singh S/o Late Brij Bhushan Singh R/o Village- Bara Telpa, Nai Basti, P.S.- Chapra Town, District- Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28670 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- CHAPRA TOWN District- Saran ====================================================== Vikash Kumar Singh S/o Lakshman Singh @ Laxman Singh R/o VillageBara Telpa, Nai Basti, P.S.- Chapra Town, District- Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 27967 of 2025) For the Petitioner/s :
Mr.Rakesh Kumar, Advocate For the Opposite Party/s :
Mr.Dinesh Singh, APP (In CRIMINAL MISCELLANEOUS No. 28670 of 2025) For the Petitioner/s :
Mr.Rakesh Kumar, Advocate For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Since both the petitions arise out of Chapra Town P.S. Case No. 39 of 2025, as such, they have been taken up together and are being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APP for the State.
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3. In the present case, the petitioners seek bail in connection with Chapra Town P.S. Case No. 39 of 2025 registered for the alleged offences under Sections 307 & 313 of B.N.S.
4. As per prosecution case, police received information about gang of a armed thieves and robber roaming around the town. During special patrolling, police found 8 persons trying to flee away on two motorcycles and all of them were apprehended. From the search of the petitioners, recovery of one sharp knife has been made from petitioner Rohan Kumar Singh and from petitioner Vikash Kumar Singh recovery of knife and black coloured motorcycle were made. Recovery of iron rod, knife, Hex blade, hammer, electric cutting machine etc. were found from other persons. The apprehended persons disclosed that they have been involved in large number of crimes of robbery.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. No occurrence as alleged has ever taken place. Learned counsel further submits that though the prosecution claimed that a motorcycle was seized from the petitioner Vikash Kumar Singh but seizure list shows seizure of only one motorcycle. In
3/4 fact, the petitioners have been arrested at the behest of some political person. In the night of 3/4.02.2025, 15 police personnel came to the door of the petitioner Rohan Kumar Singh and started hitting the door. They took away Rohan Kumar Singh along with motorcycle shown to be recovered from the petitioner Vikash Kumar Singh. The motorcycle belongs to brother-in-law of petitioner Rohan Kumar Singh. The police apprehended the petitioner Rohan Kumar Singh from his house and mother of the petitioner, namely Ruby Devi had given application to the Superintendent of Police, Saran and D.I.G., Saran Range on 16.04.2025.
The copy was also given to Human Rights Commission, Patna and New Delhi through speed post praying therein that the case may be investigated by an independent agency so that the innocent and young boys may not be forced to be turned as notorious criminals. The petitioners are aged about 20 years and 22 years, respectively. The petitioners are having antecedent of two cases and they are on bail in both the cases. The petitioners are in custody since 05.02.2025 and charge sheet has been submitted.
6. Learned APP opposes the submission made on behalf of the petitioners.
7. Having regard to the facts and circumstances and
4/4 submissions made on behalf of the parties and considering the recovery made from the petitioners and further considering the period of custody of the petitioners and submission of charge sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra/concerned Court in connection with Chapra Town P.S. Case No. 39 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T