Raghawendra Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32824 of 2025 Arising Out of PS. Case No.-402 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Raghawendra Narayan Singh S/o Late Vishwanath Singh R/o Village- Sripur Kawaiya, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-05-2025 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and Mr. Anil Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Ghorasahan P.S. Case No. 402 of 2023, F.I.R. dated 06.07.2023 for the offences punishable under Sections 341, 323, 504, 307, 354(B), 379, 506, 34 of the Indian Penal Code.
3. As per the First Information Report, the informant alleged that on 29.06.2023, the petitioner came to his house and abused and threatened him to share his property. It is further alleged that on 30.06.2023, the petitioner along with other accused persons came at the house of the informant and assaulted him and snatched gold chain from his wife worth Rs.60,000/-.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.32824 of 2025(2) dt.16-05-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR that due to admitted land dispute the present occurrence has taken place and as per allegation in the FIR, the petitioner caught hold the informant and co-accused, namely, Aditya Kumar Singh@ Aditya Singh@Golu@ Golu Singh assaulted him with iron rod. Although the informant received injury but his injury report suggest that injury is simple in nature. He further submits that co-accused, Aditya Kumar Singh@ Aditya Singh@Golu@ Golu Singh has been granted privildge of anticipatory bail by this Court vide order dated 18.04.2024 in Cr.Misc.No. 18895 of 2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, there is no specific allegation against the petitioner rather specific allegation of assault is against co-accused person and the petitioner has clean antecedent, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-3rd, Sikrahana at Dhaka, East Champaran at Motihari in connection with Ghorasahan P.S. Case
Patna High Court CR. MISC. No.32824 of 2025(2) dt.16-05-2025 3/3 No. 402 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other 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 bond 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