Madan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48167 of 2025 Arising Out of PS. Case No.-793 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Madan Singh S/o Jagdish Singh R/o vill - Garhi Bishanpur, P.S. and Distt.- Lakhisarai 2.

Rakesh Singh S/o Jagdish Singh R/o vill - Garhi Bishanpur, P.S. and Distt.- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raj Kishore Singh S/o Late Yogendra Singh R/o vill - Garhi Bishanpur, P.S. and Distt. - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 448, 341, 323, 354, 504 and 34 of the Indian Penal Code.

3. The case of the prosecution in short is that the petitioners along with others entered in the house of the informant, assaulted the informant and his wife and also disturbed the court proceedings as the informant was busy in online hearing.

4. Learned counsel for the petitioners has submitted that considering the nature of the allegations learned ACJM has granted him bail but his bail bond has been cancelled by learned ADJ only on the ground that the petitioner has concealed his antecedents.

Patna High Court CR. MISC. No.48167 of 2025(5) dt.15-12-2025 2/2 Learned counsel for the petitioner has submitted that from the perusal of the bail petition, petitioner is having criminal antecedent of 9 cases whereas learned District and Additional Sessions Judge has recorded that the petitioners are having criminal antecedent of 15-20 cases. Learned counsel for the petitioners has submitted that due to ignorance the antecedents were not disclosed and it was not intentional. It has further been submitted that concealment of antecedent cannot be the ground for cancellation of bail. Learned counsel has further submitted that the petitioners are in custody since 04.02.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioners.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Lakhisarai P.S. Case No. 793 of 2021 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai.

(Ashok Kumar Pandey, J) durgesh/- U T