Bashisth Narayan Singh @ Bashishth Narayan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Bashisth Narayan Singh @ Bashishth Narayan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur (Ara), in connection with Koilwar P.S. Case No. 633 of 2023.

Issue for consideration

Whether the petitioner, an accused in Koilwar P.S. Case No. 633 of 2023 (dated 28.10.2023) instituted under Sections 384, 385, 140, 379/34 of the Indian Penal Code, should be released on bail.

Ratio / Principle

After considering the facts and circumstances of the case and the submissions of learned counsel for the parties, the Court directed that the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur (Ara) in connection with Koilwar P.S. Case No. 633 of 2023.

Detailed headnote1 paragraphs

Bail allowed — Patna High Court (Khatim Reza, J.), Criminal Miscellaneous No. 15022 of 2024, decided 13-03-2024. Bashisth Narayan Singh @ Bashishth Narayan, an SPO with SAP Force (S.A.P. No. 8972 SPO) who, per his counsel, was directed to look after the barricade at the New Koilwar bridge and put a curb on illegal sand mining, sought bail in Koilwar P.S. Case No. 633 of 2023 (dated 28.10.2023), District Bhojpur, instituted under Sections 384, 385, 140, 379/34 IPC. Per the prosecution case, accused persons were arrested on the bank of the Sone river besides the Koilwar bridge while allegedly using a high speed boat of the mining department for illegal sand mining and extortion of money from sailors; an android mobile phone and military uniform were reportedly recovered from the petitioner per the seizure list. Counsel pleaded false implication, absence of criminal antecedents, custody since 28.10.2023, submission of charge-sheet, and parity with bail granted to Dhiraj Kumar, Niraj Kumar and Nitesh Kumar (order dt. 22.01.2024, Cr. Misc. No. 84855 of 2023) and to Amit Kumar and Saheb Kumar (order dt. 17.02.2024, Cr. Misc. No. 5815 of 2024) by Co-ordinate Benches. The A.P.P. opposed the bail prayer. Having considered the facts and circumstances and submissions of counsel, the Court ordered release on bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur (Ara).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15022 of 2024

Arising Out of PS. Case No.-633 Year-2023 Thana- KOILWAR District- Bhojpur

======================================================

Bashisth Narayan Singh @ Bashishth Narayan Son of Deo Dayal Singh @ Deo Dayal Singh Singh R/o vill - Kajma (Kujma), P.S. - Bihta, Distt. - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 13-03-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks bail in connection with Koilwar P.S. Case No. 633 of 2023 dated 28.10.2023, instituted for the offence punishable under Sections 384, 385, 140, 379/34 of the Indian Penal Code.

As per prosecution case, it is alleged that on getting information, the police party reached on the bank of Sone river besides the Koilwar bridge and arrested the accused persons, who were using high speed boat of mining department and were indulged in illegal mining of sand and extortion of money from the sailors. On search, some mobile, money etc. were recovered from their possession.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15022 of 2024(2) dt.13-03-2024 2/3

petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is S.P.O. with SAP Force bearing S.A.P. No. 8972 SPO and was directed to look after the Barricade at New Koilwar bridge and put a curb on illegal sand mining. It is submitted that from perusal of the seizure list, it is evident that an android mobile phone and military uniform was recovered from the possession of the petitioner. Learned counsel further submitted that similarly situated persons namely, Dhiraj Kumar, Niraj Kumar and Nitesh Kumar have been granted bail vide order dated 22.01.2024 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 84855 of 2023 and Amit Kumar and Saheb Kumar have been granted bail vide order dated 17.02.2024 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 5815 of 2024. Lastly, it has been submitted that the petitioner is in custody since 28.10.2023 having no criminal antecedents and charge-sheet has been submitted in the case.

Learned A.P.P. has opposed the prayer for bail of the petitioner.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let

Patna High Court CR. MISC. No.15022 of 2024(2) dt.13-03-2024 3/3

the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur (Ara) in connection with Koilwar P.S. Case No. 633 of 2023

(Khatim Reza, J)

sankalp/-

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