Arvind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62281 of 2024 Arising Out of PS. Case No.-485 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Arvind Singh S/o- Lagandeo Singh Village- Lakshmipur PS-Sugauli, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-04-2025 Heard Mr. Binod Kumar Singh, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Sugauli P.S. Case No. 485 of 2022, F.I.R. dated 12.11.2022 registered for the offences punishable under Sections 147, 341, 323, 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he along with other co-accused persons came at the house of the Informant and started assaulting with lathi, danda, iron rod due to which he sustained injury. It is further alleged that they also assaulted his son and his wife and also committed theft.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.62281 of 2024(3) dt.16-04-2025 2/3 petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that although the petitioner is named in the F.I.R. but from perusal of the F.I.R., it appears that there is no specific allegation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against the accused persons including the petitioner.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act attributed against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli P.S. Case No. 485 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following

Patna High Court CR. MISC. No.62281 of 2024(3) dt.16-04-2025 3/3 conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed 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) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T