Shashi Shankar Singh @ Shashi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45544 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- SINGHWARA District- Darbhanga ====================================================== 1.
Shashi Shankar Singh @ Shashi Singh S/o Jaywant Singh VillageBharwara, PS- Singhwara, Distt.- Darbhanga 2.
Vivek Singh @ Vivek Kumar S/o Jaywant Singh Village- Bharwara, PSSinghwara, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Singhwara P.S. Case No. 66 of 2025 dated 17.03.2025, instituted for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 118(2), 109, 324(4) 329(3), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 14.05.2025 at about 09:00 pm, the petitioners along with other accused persons armed with weapons came to the house of the petitioner and started abusing. When the informant objected then co-accused Ravishankar Singh assaulted with knife on the
2/4 nose of the informant. When the family members of the informant came to save him then they were also assaulted by the accused persons.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner rather the specific allegation is against co-accused Ravishankar Singh that he assaulted the informant with knife on his nose. It is next submitted that both the parties are agnates. There is a case and counter case between the parties. Counter case bearing Darbhanga P.S. Case No. 45 of 2025 has been lodged by petitioner no. 1 against informant and others. There is land dispute between the parties. Partition Suit No. 258 of 2012 was filed by the informant and his family members which was dismissed on 24.10.2024 and since then, the informant's side are always provocative and use filthy language for the petitioners. Lastly, it has been submitted that petitioners have nine criminal cases each against them.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in
3/4 the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Singhwara P.S. Case No. 66 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Darbhanga, subject to condition as laid down under Section 482(2) of the B.N.S.S as also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
4/4
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case. (Khatim Reza, J) Sankalp/- U T