Kapil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37529 of 2026 Arising Out of PS. Case No.-1392 Year-2012 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== 1.

Kapil Singh S/o Late Ramsharan Singh Resident of Village - Poari, P.S.- Harnaut, District - Nalanda 2.

Harishankar Singh S/o Girish Singh Resident of Village - Poari, P.S.- Harnaut, District - Nalanda 3.

Roshan Kumar S/o Harishankar Singh Resident of Village - Poari, P.S.- Harnaut, District - Nalanda 4.

Rocket Kumar @ Sonu Kumar S/o Harishankar Singh Resident of Village - Poari, P.S.- Harnaut, District - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tutu Kumar S/o Ram Bahadur Singh Resident of Village - Poari, P.S.- Harnaut, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-06-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 379, 384, 386, 387 of the IPC and Section 27 of Arms Act. 3.

Learned counsel for the petitioners at the outset submits that the case is of the year 2012. It is next submitted that petitioners are persons with clean antecedent and the complainant alleges that he was returning home after purchasing

2/4 articles from the market, but on the way she was intercepted by the accused persons including the petitioners and Kapil said that your entire family earns but no extortion is paid, on objection Harishankar pointed pistol and Raushan snatched cloth's packet and Rocket took out Rs. 12,000/- from his pocket and also snatched his watch and all the accused assaulted by butt of pistol injuring him.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the complainant. It is next submitted that the complainant and the petitioners are known to each other. It is further submitted that the allegation as alleged does not inspire confidence for the reason that complainant and the petitioners are known to each other. It is also submitted that prior to institution of the instant FIR, Harnaut PS Case No. 207 of 2012 was instituted against the complainant and his side by the petitioners. It is also submitted that petitioners were not even aware that a complaint case has been instituted against them. It is next submitted that by order dated 25-2-2026 process under Section 82 Cr.P.C was issued but then a specific pleading has been made at para-7 that no summons were ever received by the petitioners with respect to the complaint case nor there is any service report on record, it

3/4 was only when warrant of arrest was issued that police came knocking the door, when petitioner started searching the case. It is next submitted that petitioners in these 14 years also, never came to be implicated in any other case but the complainant with an intent to coerce the petitioners and their side for compromising Harnaut PS Case No. 207 of 2012 instituted the present false case. It is also submitted that though allegation of demanding extortion and snatching money along with watch and assaulting the informant was alleged but then the said aspects have not been investigated rather based on evidence of three witnesses, cognizance has been taken. It is next submitted that if privilege of anticipatory bail is granted to the petitioners, the petitioners will not abscond rather will cooperate in the trial to prove their innocence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned

4/4 trial court where the case is pending/successor court in connection with Complaint Case No. 1392C of 2012 subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T