Saroj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43023 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Sinha District- Bhojpur ====================================================== 1.

Saroj Singh S/O Deo Nath Singh Resident of Village- Sinha, P.S.- Sinha, District- Bhojpur.

2.

Pintu Singh @ Raju Singh S/O Deo Nath Singh Resident of Village- Sinha, P.S.- Sinha, District- Bhojpur.

3.

Birsen Singh S/O Saroj Singh Resident of Village- Sinha, P.S.- Sinha, District- Bhojpur.

4.

Ritik Singh S/O Dinesh Singh Resident of Village- Sinha, P.S.- Sinha, District- Bhojpur.

5.

Deo Nath Singh S/O Late Rameshwar Singh @ Rameshwar Singh Resident of Village- Sinha, P.S.- Sinha, District- Bhojpur. 6.

Sintu Singh @ Sumit Singh S/O Saroj Singh Resident of Village- Sinha, P.S.- Sinha, District- Bhojpur.

7.

Rinku Singh S/O Deo Nath Singh Resident of Village- Sinha, P.S.- Sinha, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-07-2025 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioners and Mr. Nitya Nand Tiwary, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Sinha P.S. Case No. 39 of 2025, F.I.R. dated 11.05.2025 for the offences punishable under Sections 127(1), 115(2), 109, 303(2), 308(2), 352, 351(2)(3)(5) of the B.N.S. Act

2/4 and Section 27 of the Arms Act.

3. According to prosecution case, the petitioner along with other accused persons assaulted the informant.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R. and apart from that from a bare perusal of the F.I.R. it appears that there is no specific allegation of any assault, overt act or demand of ransom attributed against these petitioners rather there is general and omnibus allegation against all the accused persons including these petitioners. He further submits that there is case and counter case and so far as injury is concerned all injuries inflicted upon the injured persons are simple in nature.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners and submits that the petitioners are named in the F.I.R.

6. Considering the aforesaid facts and circumstances and the petitioners have clean antecedent, let the petitioners, above named, in the event of their arrest or

3/4 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) each with two sureties of the like amount each to the satisfaction of the learned J.M.-I, Bhojpur in connection with Sinha P.S. Case No. 39 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

ii. If the petitioners tamper 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T