Gupta Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37545 of 2026 Arising Out of PS. Case No.-9 Year-2024 Thana- SIMRA District- Aurangabad ====================================================== 1.
Gupta Singh Son of Late Chandradeo Singh Resident of Village - Ajaniya, P.S.- Simra, District - Aurangabad (Bihar).
2.
Ritesh Kumar Singh @ Ritesh Kumar Son of Vinod Singh Resident of Village - Ajaniya, P.S.- Simra, District - Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Singh For the Opposite Party/s :
Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2026 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 307, 379, 147, 148, 149, 323, 325 of the Indian Penal Code. 3.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 3-3-2024, he was going towards his field at 5:30 pm, when he was intercepted by 6 named accused persons including the petitioners and Rajnish assaulted him by an iron rod causing fracture of hand, while Vishal assaulted indiscriminately by rod causing fracture of leg, thereafter
Patna High Court CR. MISC. No.37545 of 2026(2) dt.22-06-2026 2/3 petitioner no. 1 along with Jay Kumar assaulted by lathi and gadasa causing injury, on alarm his cousin brothers, Bablu and Pravin came along with villagers who saved him, next alleges that accused persons snatched his chain.
4.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted no doubt informant received 8 injuries out of which 6 injuries have been opined to be grievous in nature, but then police after threadbare investigation came to a considered conclusion that petitioners are innocent thus submitted final form No. 44 of 2024 dated 12-11-2024 exonerating the petitioners of the allegation as alleged in the FIR, but then learned Magistrate differing with the police report, took cognizance.
The learned counsel for the petitioners next submits that when one investigating agency after threadbare investigation came to a considered conclusion that petitioners are innocent, whether it would be prudent for the court to send the petitioners to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioners of the allegation.
Patna High Court CR. MISC. No.37545 of 2026(2) dt.22-06-2026 3/3 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 trial court where the case is pending/successor court in connection with Simra P.S. Case No. 9 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T