Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4088 of 2023 Arising Out of PS. Case No.-615 Year-2022 Thana- JAMUI District- Jamui ====================================================== Bablu Kumar Son of Sikandar Yadav @ Sakindr Yadav R/o Vijay Nagar, P.S.- Barhat, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-04-2023 Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2.

Heard learned counsel for the petitioner and the learned APP for the State.

3.

Petitioner seeks regular bail in connection with Jamui P.S. Case No. 615 of 2022 dated 20.11.2022 registered for the offences punishable under Sections 420, 379, 411, 467, 468, 471 and 120(B) of the Indian Penal Code and 8/22 of the MMDR Act and 56(2) of the BMCPIMTS Rules, 2019 and Section 15 of the Forest Act and Sections 181, 190(2) and 196 of the M.V. Act.

4.

The main submissions advanced by learned counsel for petitioner are that as per allegation, petitioner used forged

Patna High Court CR. MISC. No.4088 of 2023(2) dt.13-04-2023 2/2 challan regarding which offence punishable under Section 471 of IPC may attract which is bailable offence and the other offences of IPC under which the FIR has been registered are not made out against the petitioner who is stated to be the driver of the alleged vehicle which was loaded with 'sand' and he has been languishing in jail since 21.11.2022.

5.

Learned APP for the State has opposed the bail prayer of the petitioner.

6.

Having regard to the facts and circumstances of this case and mainly the custody period of the petitioner and the fact that the petitioner is stated to be the driver of the alleged vehicle, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Jamui P.S. Case No. 615 of 2022. (Shailendra Singh, J) Shahnawaz/- U T