Radheshyam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84419 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.
Radheshyam Singh Son Of Jagnarayan Singh @ Jagarnath Singh Resident Of Village - Hasanpurwa Tola Rampur, P.S. - Hussainganj, District - Siwan 2.
Dinesh Singh Son Of Jagnarayan Singh @ Jagarnath Singh Resident Of Village - Hasanpurwa Tola Rampur, P.S. - Hussainganj, District - Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are languishing in custody in a case registered for the offences punishable under Sections 341, 323, 325, 353, 225, 504, 34 of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition & Excise Act.
The prosecution case as per F.I.R is that one Rajesh Singh @ Tuntun Singh was carrying illicit liquor on his motorcycle whereupon the police officers had apprehended him and recovered the illicit liquor and at
Patna High Court CR. MISC. No.84419 of 2023(2) dt.09-01-2024 2/3 that moment of time, the petitioners along with other accused persons had arrived there armed with lathi, danda and assaulted the police persons resulting in serious injuries to them and also managed to get free the main accused Rajesh Singh.
It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are languishing in custody since 11.09.2023 and 10.10.2023 respectively. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.
Considering the facts aforesaid and the period under custody, let the petitioners, above named, be
Patna High Court CR. MISC. No.84419 of 2023(2) dt.09-01-2024 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Siwan in connection with Hussainganj P.S. Case No. 86 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T