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2025 DAILYLAW 48680 (PAT)

Jawahar Prasad Singh v. The State of Bihar

CR. MISC./41815/2025 · 2025-07-09

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41815 of 2025 Arising Out of PS. Case No.-1833 Year-2024 Thana- COMPLAINT CASE District- Banka ====================================================== 1. Jawahar Prasad Singh s/o Late Chamaklal Singh R/o Village- Ramchua, P.S- Sambhuganj, District- Banka 2. Raghuvir Kumar Singh @ Raghubir Kumar Singh S/o Shivnandan Singh @ Bhikho Singh @ Bhikhi Singh R/o Village- Ramchua, P.S- Sambhuganj, District- Banka 3. Shivnandan Singh@ Shiv Nandan Pd. Singh @ Bhikho Singh @ Bhikhi Singh S/o Late Chamaklal Singh R/o Village- Ramchua, P.S- Sambhuganj, District- Banka 4. Dhananjay Singh @ Gulo Singh S/o Late Bishundev Singh R/o Village- Ramchua, P.S- Sambhuganj, District- Banka ... ... Petitioner/s Versus 1. The State of Bihar 2. Krishna Kumar Singh S/o Late Panchanand Singh R/o Village- Ramchua, P.S- Sambhuganj, District- Banka ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gaurav Kumar, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 09-07-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Complaint Case No. 1833 of 2024 for the offence under sections 115(2), 119(1), 308(2), 303, 351(2), 352, 351(1) and 3(5) of the B.N.S. lodged by the informant, Krishan Kumar Singh. 3. As per the prosecution story, the informant alleged that while working in the agricultural field, the accused persons Patna High Court CR. MISC. No.41815 of 2025(2) dt.09-07-2025 2/3 abussed/assaulted and took away gold chain/cash. This led to the FIR. 4. Learned counsel for the petitioners submit that in a purely land dispute, an exaggerated FIR has been lodged. The Police after investigation submitted final form but as cognizance has been taken, the present anticipatory bail. 5. Learned APP opposes the prayer submitting that there is allegation, though omnibus, against these petitioners. 6. Taking into account the submissions of the parties as also that omnibus allegation is there and no injury has been brought on record by the informant’s side, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions. 7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Court of CJM, Banka in connection with Complaint Case No. 1833 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official Patna High Court CR. MISC. No.41815 of 2025(2) dt.09-07-2025 3/3 document to show his/her bona fide; (ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. Adnan/- (Rajiv Roy, J) U T