Sardar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54153 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- RAJPUR District- Buxar ====================================================== 1.
SARDAR SINGH S/o Late Raj Rup Singh R/o village- Dehari, P.S.- Rajpur, District- Buxar 2.
Deepak Singh S/o Sardar Singh R/o village- Dehari, P.S.- Rajpur, DistrictBuxar 3.
Durgesh Singh S/o Sardar Singh R/o village- Dehari, P.S.- Rajpur, DistrictBuxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Alka Singh, Advocate For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioners and learned APP for the State.
Supplementary affidavit has been filed on behalf of the petitioners. Same be kept on the record.
It has been submitted on behalf of the petitioners that due to inadvertent mistake the order of anticipatory bail application was enclosed in the present application on place of order of regular bail application passed by the Sessions court. Certified copy of the order passed by the Additional Sessions Judge-I, Buxar in B.P. No.732/2022 dated 17.08.2022 has already been brought on record. Same be kept on the record.
Patna High Court CR. MISC. No.54153 of 2022(2) dt.21-12-2022 2/3 Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioners seek bail in a case registered under Sections 341, 323, 325, 307, 379/34 of the Indian Penal Code. Prosecution case, in short, is that the accused persons including the petitioners took out the informant's father from his house and badly assaulted him, on account of which his both lower limbs got fractured. The accused persons also took out Rs.2000/- from the pocket of the victim.
It has been submitted on behalf of the petitioners that the petitioner Nos.1 and 3 are in custody since 18.07.2022 and petitioner No.2 is in custody since 15.07.2022 and have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. There is land dispute between the parties. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case,
Patna High Court CR. MISC. No.54153 of 2022(2) dt.21-12-2022 3/3 the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar in connection with Rajpur P.S. case No.122 of 2022.
(Sudhir Singh, J) Narendra/- U T