Santu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47565 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- RAJPUR District- Rohtas ====================================================== 1.

Santu Singh, Gender- Male, aged about 80 years, son of Late Ram Janam Singh, 2.

Brajesh Singh @ Brijesh Singh, Gender- Male, aged about 49 years, 3.

Surendra Singh, Gender- Male, aged about 52 years, both son of Santu Singh, 4.

Sonu Kumar, Gender- Male, aged about 25 years, son of Surendra Singh, All R/o village- Lohradih, P.S. - Rajpur, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Rajpur PS Case No.46 of 2024 dated 13.04.2024, instituted under Sections 188, 353 of the Indian Penal Code.

3. The allegation against the petitioners is that when the informant, who was the Circle Officer, was removing encroachment from the encroached land on the direction of the Sub Divisional Officer in compliance of the Court's order, the petitioners and others came there after forming unlawful assembly and obstructed the officials in discharge of their

Patna High Court CR. MISC. No.47565 of 2024(2) dt.07-08-2024 2/3 official duties.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is also submitted that there is no specific allegation against the petitioners with regard to obstructing the government officials in their official duty. Allegation is general and omnibus in nature. All the petitioners belong to same family. Petitioner nos. 2 and 3 are the son of the petitioner no.1, whereas, petitioner no.4 is the grandson of the petitioner no.1. Lastly, it is submitted that three criminal cases are pending against the petitioner no.1, one criminal case is pending against petitioner no.2 and two criminal cases are pending against petitioner no.3. Petitioner no.4 has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-1, Dehri on Sone, Rohtas, in Rajpur PS Case No.46 of 2024, subject to the conditions laid down in Section

Patna High Court CR. MISC. No.47565 of 2024(2) dt.07-08-2024 3/3 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T