← Library
Patna High CourtCR. MISC./65733/2025allowed

Randhir Singh @ Natu Singh v. The State Of Bihar

2025-12-08Mr. Justice Alok Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65733 of 2025 Arising Out of PS. Case No.-334 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Randhir Singh @ Natu Singh S/O Late Sakaldeo Singh R/O VillagePaynapur, P.S.- Goshwari, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kadamkuan P.S. Case No. 334 of 2024 registered for the offences punishable under Section 392 of the Indian Penal Code and section 27 of the Arms Act.

3. As per prosecution case, the informant Bhartis Kumar, owner of Siyaram Jewellers, on 01.05.2024 at about 10:00 p.m., he was returning home on his scooty with his son and staff, carrying ₹10,00,000/- of sale proceeds. Near Golden Furniture Shop, two motorcycles carrying four miscreants

2/4 allegedly intercepted him. One pillion rider got down, pointed a pistol at the informant, and during a scuffle a shot was fired towards the ground. The informant, with the help of his son and staff, overpowered one assailant, while the others fled with the money bag. On receiving information, the police arrived and took the apprehended person into custody, who disclosed his name as Dhiraj Kumar and also disclosed the names of other miscreant, who managed to escape as Shambhu Kumar, Sumit Kumar Singh and Abhishek.

4. Learned counsel for the petitioner submits that the name of the petitioner did not surface at the initial stage. It is argued that at the spur of the moment, the apprehended coaccused Dhiraj Kumar did not disclose the name of petitioner. However, during the course of investigation, the petitioner's name was subsequently added without any cogent reason. It is further contended that the Investigating Officer has offered no explanation as to how and on what basis the petitioner's name came to be included, despite the fact that the apprehended accused had, at the place of occurrence itself, disclosed the names of certain other persons but not that of the petitioner. It is further submitted that the petitioner is quite innocent and has committed no offence as alleged in the F.I.R. No

3/4 incriminating article has been recovered from the petitioner. Except confessional statement of co-accused Dhiraj Kumar, there is nothing on record to connect the present petitioner with the alleged occurrence. In light of the aforesaid facts and circumstances of the case, no offence is made out against the petitioner apart from that petitioner having one criminal antecedent in which he is already on bail.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submitted that one of the co-accused, who was apprehended at the place of occurrence, disclosed the name of the petitioner during the course of investigation, and he cannot escape from the allegations as alleged during the course of investigation.

6. Considering the facts and circumstances of the case, petitioner is not named in the F.I.R and no incriminating articles were recovered from his possession, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the

4/4 like amount each to the satisfaction of the learned Judicial Magistrate-1st Class-XIV, Patna in connection with Kadamkuan P.S. Case No. 334 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) Nilmani/- U