Tapas Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.976 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== 1.
Tapas Kumar Singh S/O Late Rajendra Singh 2.
Sanjay Singh S/o Late Ramanand Singh Both are R/o Village- Hathauri, P.S.- Hayaghat, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Hayaghat P.S. Case No. 32 of 2024 instituted for the offence under Sections 504, 506, 427, 435/34 of the Indian Penal Code and Section 25(1-b) (a), 35 of the Arms Act.
3. The case of the prosecution is that the petitioners along with other unsocial elements entered in the house of the informant and started abusing her and threatened her with life and also put fire in a hut. While fleeing away from the house a live cartridge fell from the pocket of co-accused Santosh Kumar Singh and the same was recovered.
4. Learned counsel for the petitioners submitted that from perusal of the FIR, it is clear that the police received information regarding the occurrence and lodged the FIR on 28.03.2024,
Patna High Court CR. MISC. No.976 of 2025(2) dt.10-01-2025 2/2 whereas from the perusal of the seizure list it is clear that the seizure list was made on 25.03.2024 which clearly shows that seizure, as well as, the prosecution case is completely manufactured.
5. Learned APP appearing for the state has opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Hayaghat P.S. Case No.32 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VIII, Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T