Allowed

Bhola Singh v. The State of Bihar

Patna HC18 Apr 2025CR. MISC./89186/2024

Case brief

AI extract

What is this about?

Anticipatory bail plea by a man accused of abusing and firing at an informant during a land dispute over construction of a pillar. The court noted a similarly situated co-accused had been granted anticipatory bail and enlarged the petitioner on bail upon arrest or surrender within six weeks, subject to Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on arrest/surrender within six weeks on Rs. 20,000 bail-bond with two sureties, subject to Section 438(2) CrPC conditions and regular appearance before the

Bhola Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89186 of 2024

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Arising Out of PS. Case No.-119 Year-2023 Thana- GAURICHAK District- Patna

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

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BHOLA SINGH S/o Late Nagendra Singh Resident of Gawaspur, P.s. - Gaurichak, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar For the Opposite Party/s : Mr.Harendra Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 18-04-2025

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2 . The petitioner is apprehending his arrest in a case

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in connection with Gaurichak P.S. Case No. 119 of 2023 dated 23.02.2023 registered for the offence/s punishable u/ss 147, 148, 149, 323, 341, 307 and 504 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

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3 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have come with the vehicle loaded with bricks and cement for laying the foundation of the pillar in the field of the informant. When the informant protested, they started abusing and firing on the informant and his brother.

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Patna High Court CR. MISC. No.89186 of 2024(2) dt.18-04-2025 2/3

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no one sustained fire arm injury. There is general and omnibus allegation against the petitioner. The petitioner has three criminal antecedents as stated at para 3 of the bail petition. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 06.03.2024 passed in Cr. Misc. No. 8528 of 2024.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6 . Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Patna City in connection with Gaurichak P.S. Case No. 119 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with the further condition-

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( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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Patna High Court CR. MISC. No.89186 of 2024(2) dt.18-04-2025 3/3

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cause, the bail bond of the petitioner is liable to be cancelled.

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7 . This application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Bhola Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhola Singh v. The State of Bihar

Case brief

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What did the court decide?

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