Naresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46071 of 2025 Arising Out of PS. Case No.-217 Year-2000 Thana- BARACHATTI District- Gaya ====================================================== Naresh Singh S/O Late Bhagwan Singh R/O Village- Guriyawan, P.SMohanpur, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard Mr. Vijay Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Barachatti (Mohanpur) P.S. Case No. 217 of 2000, instituted for the offences punishable under Sections 448, 341, 323, 307, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that the petitioner along with other co-accused person committed loot in the house of the informant and also made firing but no one has sustained any injury.

4. Learned counsel for the petitioner submits that the present case is misuse of privilege of bail earlier granted to the

Patna High Court CR. MISC. No.46071 of 2025(2) dt.28-07-2025 2/3 petitioner. Earlier the petitioner was granted bail by the learned Court below. It is submitted that on 25.06.2019 no pairvi was made on behalf of the petitioner and as such the learned Court below cancelled the bail bond of the petitioner and non-bailable warrant of arrest has been issued on 25.06.2019. The petitioner has surrendered in the Court below on 09.06.2025. Thus, there is misuse of privilege of bail for six years. Learned counsel for the petitioner further submits that the petitioner undertakes to abide by any conditions imposed by this Court, if released on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barachatti (Mohanpur) P.S. Case No. 217 of 2000, subject to the following conditions:

Patna High Court CR. MISC. No.46071 of 2025(2) dt.28-07-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T