Single judge order allowing bail to four petitioners in a criminal case involving alleged rioting, assault, and murder. Court noted general allegations and contradictory witness statements as grounds for release.
Released on bail of Rs. 20,000 each with two sureties, subject to conditions including presence at all dates and cancellation on violation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69208 of 2021
Arising Out of PS. Case No.-210 Year-2021 Thana- ADAPUR District- East Champaran
====================================================== Surendra Singh, Son of Late Sadhu Singh Resident of Village - Bairiya, P.S. Adapur, District - East Champaran (Motihari).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 69480 of 2021
Arising Out of PS. Case No.-210 Year-2021 Thana- ADAPUR District- East Champaran
====================================================== Virendra Singh @ Birendra Singh, S/o Late Sadhu Singh R/o village- Bairiya, P.S.- Adapur, District- East Champaran (Motihari)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 22753 of 2022
Arising Out of PS. Case No.-210 Year-2021 Thana- ADAPUR District- East Champaran
====================================================== Chhunu Singh @ Chandan Singh, Son of Manoj Singh Resident of Village - Bairiya, P.S.- Adapur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 24223 of 2022
Arising Out of PS. Case No.-210 Year-2021 Thana- ADAPUR District- East Champaran
====================================================== Anil Singh, S/o Late Himachal Singh Resident of Village- Bairiya, P.S.Adapur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
Patna High Court CR. MISC. No.69208 of 2021(3) dt.27-09-2022 2/6
... ... Opposite Party/s
| =================== Appearance : (In CRIMINAL MISCELLA |
=================================== NEOUS No. 69208 of 2021) |
|---|---|
| For the Petitioner/s : |
Mr.Anshu Dhar Sharma, Advocate |
| For the State : |
Mr.Satya Nand Shukla, APP |
| For the Informant : |
Mr. Abhishek Kumar, Advocate |
| (In CRIMINAL MISCELLA |
NEOUS No. 69480 of 2021) |
| For the Petitioner/s : |
Mr.Anshu Dhar Sharma, Advocate |
| For the State : |
Mr.Satyendra Narayan Singh, APP |
| For the Informant : |
Mr. Abhishek Kumar, Advocate |
| (In CRIMINAL MISCELLA | NEOUS No. 22753 of 2022) |
| For the Petitioner/s : |
Mr.Binod Kumar Mishra, Advocate |
| For the State : |
Mr.Nawal Kishore Prasad, APP |
| For the Informant : |
Mr. Abhishek Kumar, Advocate |
| (In CRIMINAL MISCELLA |
NEOUS No. 24223 of 2022) |
| For the Petitioner/s : |
Mr.Binod Kumar Mishra, Advocate |
| For the State : |
Mr.Brajendra Nath Pandey, APP |
| For the Informant : |
Mr. Abhishek Kumar, Advocate |
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 27-09-2022
Since all the applications arise out of Adapur P.S. Case No. 210 of 2021, as such, they have been taken up together and are being disposed of by this common order.
Heard learned counsels for the petitioners and learned APP for the State as well as learned counsel for the informant.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect.
In the present case, the petitioners seek bail in connection with Adapur P.S. Case No. 210 of 2021 registered for the alleged offences under Sections 147, 148, 149, 447, 323, 324, 307, 302, 504 and 120(b) of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.69208 of 2021(3) dt.27-09-2022 3/6
As per prosecution case, the petitioners and other coaccused persons, variously armed with country made katta , lathi , danda, farsa and bhala have been putting fence on the land of the informant which was opposed by him. On opposition of the informant, he was assaulted by the petitioners and other co-accused persons and when the uncle and the nephew of the informant tried to save him, both of them were also assaulted by the petitioners and co-accused Krishan Mohan Singh and Rajiv Singh. The uncle and the nephew of the informant were taken to hospital for treatment where the uncle of the informant succumbed to his injuries.
It has been submitted on behalf of the petitioners that the allegations against the petitioners are general and omnibus along with other co-accused persons. The land dispute is admitted and the petitioners have been falsely implicated in this case due to this land dispute. The FIR has been registered quite late and for an occurrence that took place at 9 AM on 25.07.2021, the FIR has been registered at 18 hours on 26.07.2021 and there is no plausible explanation for this delay. This also shows deliberation and afterthought. The informant has not specifically attributed any weapon or any overt act to any of the petitioners. The post-mortem report of the deceased
Patna High Court CR. MISC. No.69208 of 2021(3) dt.27-09-2022 4/6
shows he died due to injury received on his head which was caused by hard and blunt substance. But the allegation of assault on the head of the uncle of the informant in the statement of witnesses differ. It has been alleged that one Krishna Mohan Singh gave khanti blow on the head of the deceased, whereas one witness stated about farsa blow and another, blow by rod. But post-mortem report shows injury to be due to hard and blunt substance, so the allegation of farsa blow or khanti blow are falsified. The informant in his deposition before the learned trial court stated about khanti blow being given by co-accused Krishan Mohan Singh. It has also come on record that the petitioners' side was putting the fence on their registered land and hence, the informant's side was assailants. Thus, it has been submitted on behalf of the petitioners that it is a case of out and out false implication. It has further been submitted on behalf of the petitioners Chunnu Singh and Anil Singh that the deceased was an old man and was unmarried and he got registered his share of land in favour of the informant but the informant's family was not taking care of him and some hot exchange took place between the informant and his uncle who fell down and received injuries on his head. The petitioner Chunu Singh was not even present at the place of occurrence during the relevant
Patna High Court CR. MISC. No.69208 of 2021(3) dt.27-09-2022 5/6
period. Petitioner Surendra Singh and Virendra Singh are in custody since 05.08.2021 and petitioner Chhunu Singh and Anil Singh are in custody since 08.02.2022.
Learned APP and learned counsel for the informant opposes the submission made on behalf of the petitioners. It has been submitted on behalf of the learned counsel for the informant that due to assault by the petitioners, the uncle of the informant has lost his life. However, he concedes that the allegations are quite general and omnibus.
Perused the records.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the general and omnibus allegations against the petitioners and also the contradictory statements regarding nature of assault, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-14, Motihari in connection with Sessions Trial No. 709 of 2021 arising out of Adapur P.S. Case No. 210 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
Patna High Court CR. MISC. No.69208 of 2021(3) dt.27-09-2022 6/6
(iii) The petitioners will remain present on each and every date fixed by the court below.
(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
balmukund/-
U T
2 issues framed by the court
Whether to grant bail to petitioners facing charges of murder and rioting in a land dispute case.
Whether general and omnibus allegations are sufficient to deny bail in this instance.
Surendra Singh
Virendra Singh @ Birendra Singh
Chhunu Singh @ Chandan Singh
Anil Singh
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
