Suraj Singh @ Suraj Kumar Singh @ Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41988 of 2025 Arising Out of PS. Case No.-226 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Suraj Singh @ Suraj Kumar Singh @ Govind Kumar S/O Tuntun Singh R/O Patori, Ward No. 03, P.S.- Singheshwar, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Shilpy Kesari, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2025 Heard Mrs. Shilpy Kesari, learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No. 226 of 2023 for the offence registered under sections 147, 149, 353, 431, 504/114 of the IPC lodged on 08.08.2023 by the informant, Adarsh Gautam.
3. As per the prosecution story, the informant alleged that upon direction of the Cabinet Secretariat Department, Bihar, Patna, the Police wanted to clear the make shift temple on National Highway-106 when allegation is that members of a particular community blocked the road leading to movement of ambulance, school bus, students and general public. When the Police tried to remove the agitators, they resorted to verbal abuse. Named persons were identified, the petitioner included.
2/4 This led to the FIR.
4. Learned Counsel for the petitioner submits that the locals were agitating, he just went there to witness it, got implicated only because he has criminal antecedent. The last submission is that without accepting the allegation and/or the outcome of the present petition, learned counsel for the petitioner submits that he is ready to pay Rs.5,000/- to the Chief Minister's Relief Fund.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that he has criminal antecedent.
6. It is unfortunate that the public take the law in their own hand. In this particular case, blocked the National Highway-106, thus seriously hampering the movement of school buses having children as also the tourists moving on the National Highway. They failed to realize that even the ambulance carries serious patients and absence of timely treatment may lead to their death.
7. However, in this particular case, though he has been named, no allegation has been attributed, FIR is there, he shall be facing the music, in that background, this Court is inclined to grant him the anticipatory bail with conditions
3/4 subject to payment of Rs. 5,000/- to the Chief Minister's Relief Fund through Demand Draft and the receipt be submitted to the learned Trial Court.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Madhepura in connection with Singheshwar P.S. Case No. 226 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or
4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T