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2025 DAILYLAW 54730 (PAT)

Mritunjay Singh v. The State of Bihar

CR. MISC./43317/2025 · 2025-08-29

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43317 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- UPHARA District- Aurangabad ====================================================== 1. Mritunjay Singh S/o- Krishna Singh Village- Gorkatti PS- Uphara District- Aurangabad 2. Alok Kumar Singh @ Alok Singh S/o- Kriman Singh Village- Gorkatti PS- Uphara District- Aurangabad 3. Sunny Kumar S/o- Alok Singh Village- Gorkatti PS- Uphara District- Aurangabad 4. Shatrughan Singh @ Shatrudhan Singh s/o- Dhudheshwar Singh Village- Gorkatti PS- Uphara District- Aurangabad 5. Jitendra Kr. Singh @ Jitendra Singh S/o- Laxman Sing @ Laxman Singh Village- Gorkatti PS- Uphara District- Aurangabad 6. Pramindra Sharma @ Sivindra Kumar @ Savindra Kumar S/o- Indradeo Mistry Village- Gorkatti PS- Uphara District- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 29-08-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Uphara P.S. Case No. 51 of 2025 instituted for the offences under Sections 191(2), 190, 126(2), 115(2), 117(2), 132, 324(2), 324(3), 323 of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution case, in short, is that, the accused persons aggressively behaved with the official, tore the uniform Patna High Court CR. MISC. No.43317 of 2025(3) dt.29-08-2025 2/3 of the policeman and prevented them from discharging their duties and also damaged the glass of JCB when they reached the disputed site to remove the encroachment as per the order of the Sub-Divisional Officer, Daudnagar. 4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The specific allegation is against the co-accused persons namely, Bablu Kumar and Amit Kumar. Learned counsel further submitted that petitioner is only the member of mob. Petitioner nos. 1, 2, 5 have two, three and one criminal antecedent, respectively, whereas petitioner nos. 3 and 4 have no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court Patna High Court CR. MISC. No.43317 of 2025(3) dt.29-08-2025 3/3 below/concerned Court in connection with Uphara P.S. Case No. 51 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Alok Verma/- (Rudra Prakash Mishra, J) U T