RAKESH SINGH @ TULSI @ UDAY SINGH @ UDAY KUMAR v. THE STATE OF BIHAR
CR. MISC./26629/2025 · 2025-07-16
Rajesh Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38671 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38671 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26629 of 2025 Arising Out of PS. Case No.-175 Year-2024 Thana- KOCHAS District- Rohtas ====================================================== Rakesh Singh @ Tulsi @ Uday Singh @ Uday Kumar S/O Charandhan Singh @ Chanardhan Singh resident of village- helha, police station- dinara, bhanas, district- rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 16-07-2025
Heard Mr. Raghunandan Kumar Singh, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Kochas P.S. Case No. 175 of 2024, F.I.R. dated 15.06.2024 for the offences punishable under Sections 147, 149, 341, 323, 504, 325, 307 and 379 of the Indian Penal Code. 3. According to prosecution case, the informant alleges that when he was watering the wall of his newly constructed house, the petitioner along with other co-accused persons attacked him with various weapons. It is further alleged that they have taken Rs. 50,000/- from the informant which was kept for construction of the house. 4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.26629 of 2025(3) dt.16-07-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that from a bare perusal of the F.I.R, it appears that due to some petty dispute the present occurrence has taken place. There is case and counter case between the parties. It is further submitted that although, the petitioner is named in the FIR, but from its perusal, it appears that there is no specific allegation of any assault or overt act attributed against this petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner. 5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. 6.
Considering the aforesaid facts and circumstances, clean antecedent of the petitioner, there is case and counter case between the parties and there is no specific allegation of any assault or overt act attributed against this petitioner in the FIR, 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kochas P.S. Case No. 175 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of
Patna High Court CR. MISC. No.26629 of 2025(3) dt.16-07-2025 3/3 the B.N.S.S., 2023 and with other following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. 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. priyanka/- (Rajesh Kumar Verma, J) U T