Govind Kumar Singh @ Buchkan Singh @ Tutu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55358 of 2025 Arising Out of PS. Case No.-51 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Govind Kumar Singh @ Buchkan Singh @ Tutu Singh S/o Late Bijli Singh @ Sadanand Singh R/o Village - Sardiha, P.S - Bakhtiarpur, District - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sadanand Roy, Advocate :
Mr.
For the State :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2025 Learned counsel for the petitioner prays for and is allowed to file supplementary by today itself making necessary correction in paragraph no.3 inasmuch as the petitioner is accused in connection with Simri Bakhtiyarpur cases whereas in paragraph no.3 of the petitioner, it has been recorded as Bakhtiyarpur cases.
2. Heard the parties.
3. The petitioner is in custody in connection with S.T. No. 232 of 2023 arising out of Simri Bakhtiyarpur P.S. Case No. 51 of 2023 for the offence punishable under sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code, lodged on 02.02.2023 by the informant, Shankar Kumar Singh.
4. As per the prosecution story, the informant alleged
2/4 that he runs a flour mill while Kumar Saurav a grocery shop. On 29.01.2023, the petitioner stopped an auto driver and started beating him, when he entered the grocery shop of the informant, allegation is that the threatening was made and later, he came with weapons, started abusing and in attempt to assault, opened fire. As the locals arrived, he escaped. This led to the F.I.R.
5. Learned counsel for the petitioner submits that only because he has dozen criminal cases under his belt, an exaggerated F.I.R. has been lodged which led to his custody since 03.04.2023, if granted relief, he is ready to leave Simri Bakhtiyarpur Police Station for three months to show his bonafide.
6. Learned APP opposes the prayer for bail submitting that though the petitioner has remained in custody for long, the number of cases do not justify his coming out of jail.
7. Though admittedly, the petitioner has one dozen cases under his belt, all under Simri Bakhtiyarpur Police Station, considering the fact that he has remained in custody since 03.04.2023 and an undertaking has been given that he shall leave the jurisdiction of Simri Bakhtiyarpur Police Station for three months and shall be giving information about his new address for three months to the local Police Station where he
3/4 will be signing the attendance every fortnight for three months and on returning shall be again signing in Simri Bakhtiyarpur Police Station, in that background, this Court is inclined to extend him the privilege of bail.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II, Saharsa, in connection with S.T. No. 232 of 2023 arising out of Simri Bakhtiyarpur P.S. Case No. 51 of 2023 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her 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 local police station where he will shift every fortnight for three months after leaving Simri Bakhtiyarpur Police Station and thereafter for the next nine months shall appear before the Simri Bakhtiyarpur Police Station every
4/4 fortnight to mark his attendance and the two certificates be submitted before the Trial Court failing which appropriate steps shall be taken for the cancellation of his bail bond; (iv) the petitioner shall in no way try to induce or 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 his bail bonds.
9. Let a copy of the order be sent to the office of Superintendent of Police, Saharsa for perusal and needful as certainly, the Station Head Officer, Simri Bakhtiyarpur has failed to make a list of such persons who have been repeatedly found to have been named in criminal cases under his/her jurisdiction.
(Rajiv Roy, J) vinayak/- U T