Loha Singh @ Murari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31161 of 2025 Arising Out of PS. Case No.-36 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== 1.

Loha Singh @ Murari Singh, S/o Yogendra Singh, Resident of Sarnas Bujurg, Sarwas, P.O.- Barbigha, Distt.- Sheikhpura. 2.

Amarajit Kumar @ Amarjeet, S/o Krishan Singh, R/o Jethiyan, P.O.- Jethiyan, Asarhia, Gaya.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 32737 of 2025 Arising Out of PS. Case No.-36 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== Rohit Kumar, S/o Anil Kumar Singh, R/o Mahavir Colony, Jhali Jakaniya, Purbi, Ashachak, P.S.- Ram Krishna Nagar, Dist.- Patna. ... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 31161 of 2025) For the Petitioners :

Mr. Yatindra Narayan, Advocate For the State :

Mr. Ashok Kumar Singh, APP For the Informant :

Ms. Smita Kumari, Advocate Mr. Karun Kumar Gupta, Advocate (In CRIMINAL MISCELLANEOUS No. 32737 of 2025) For the Petitioner :

Mr. Indeshwari Prasad Mandal, Advocate For the State :

Mr. Madan Kumar, APP For the Informant :

Ms. Smita Kumari, Advocate Mr. Karun Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

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2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Patliputra PS. Case No.-36 of 2019, dated-26.01.2019, registered for the offence punishable under Section 394 of the Indian Penal Code.

3. As per allegation, four unknown persons had entered the house of the Informant and robbed him of some property.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the FIR has been lodged against unknown persons and no recovery has been made from the personal possession of the Petitioners. He also submits that no TIP has been conducted in this case as yet. He also submits the whole case is based only on suspicion. He further submits that similarly situated co-accused, Kundan Kumar Singh has already been granted bail by a co-ordinate bench of this vide order dated 02.05.2025 passed in Criminal Miscellaneous No. 20961 of 2025.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below 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 learned concerned Court below, in connection with Patliputra PS. Case No.-36 of 2019, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds 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 the court

4/4 below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T