Patna High Court – Orders
Baliram Singh @ Balindar Singh vs The State Of Bihar on 4 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12914 of 2025
Arising Out of PS. Case No.-405 Year-2024 Thana- MASHRAK District- Saran
======================================================
Baliram Singh @ Balindar Singh Son of Late Kapil Deo Singh Resident of
village-Mashrakh Gopalbari , P.S- Mashrakh , Distt.-Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ashok Kumar Prasad S/O- late Ambika Prasad Resident of Village, PO and
PS- Mashrak District- Saran
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 13524 of 2025
Arising Out of PS. Case No.-405 Year-2024 Thana- MASHRAK District- Saran
======================================================
Harendra Singh @ Harendar Singh S/o Late Kapil Deo Singh R/o
village_Mashrakh Gopalbari , P.S_ Mashrakh, Dist _Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 12914 of 2025)
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
For the Informant : Mr. Rananjay Kumar, Advocate
Ms. Chhateshwari Kumari, Advocate
(In CRIMINAL MISCELLANEOUS No. 13524 of 2025)
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
For the Informant : Mr. Rananjay Kumar, Advocate
Ms. Chhateshwari Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 04-08-2025
Heard Mr. Ashok Kumar, learned counsel for the
petitioners, Mr. Rananjay Kumar, learned counsel appearing on
behalf of the informant as well as Mr. Abhay Kumar, learned
Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.12914 of 2025(5) dt.04-08-2025
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2. The petitioners are apprehending their arrest in
connection with Mashrakh (Masrak) P.S. Case No. 405 of 2024,
F.I.R. dated 30.06.2024 for the offences punishable under
Sections 341, 323, 384, 420, 467, 468, 471 and 34 of the Indian
Penal Code.
3. According to prosecution case, all the accused
perosns including these petitioners armed with weapons
unlawfully entered into the land of the informant and claimed
ownership of the land and also demanded Rs. 10 lakhs as
ransom and assaulted the informant.
4. Learned counsel for the petitioners submits that
petitioner, namely, Harendra Singh @ Harendar Singh has clean
antecedent and petitioner, namely, Baliram Singh @ Balindar
Singh carries three criminal antecedents other than the present
one but he is on bail in all the three cases and they have falsely
been implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offences as alleged in the
F.I.R. He further submits that a land dispute is going on between
the parties and Title Suit No. 561 of 2016 is pending between
them. He further submits that the similarly situated co-accused,
namely, Lalan Singh and Shaym Bahadur Singh have been
Patna High Court CR. MISC. No.12914 of 2025(5) dt.04-08-2025
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granted anticipatory bail by a Co-ordinate Bench of this Court
vide order dated 23.04.2025 passed in Cr. Misc. No. 22159 of
2025.
5. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioners and
submits that although there was a title suit between the parties
but the same was dismissed in the year 2020 for non-compliance
of the peremptory order.
6. Considering the aforesaid facts and circumstances
that the present case pertains to the land dispute between the
parties and the similarly situated co-accused persons have been
granted anticipatory bail by a Co-ordinate Bench of this Court,
let the petitioners, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate 7th, Saran at
Chapra in connection with Mashrakh (Masrak) P.S. Case No.
405 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
Patna High Court CR. MISC. No.12914 of 2025(5) dt.04-08-2025
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482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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