Patna High CourtCR. MISC./4274/2025bail granted

Lal Babu v. The State Of Bihar

2025-02-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4274 of 2025 Arising Out of PS. Case No.-148 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Lal Babu S/o Naresh Bhagat R/o Balua, P.S.- Kundwa Chainpur, DistrictMotihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Adv :

Mr.Diksha Kumari, Adv For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kundwa Chainpur P.S. Case No. 148 of 2024 dated 02.10.2024 registered for the offences punishable u/s 191(2), 190, 126(2), 115(2), 109,132, 223, 303(2) and 352 of B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have created hindrance in the official duty of SSB personnel and they also attacked on them with lathi and danda due to which they sustained injuries. It is further alleged that the accused persons took away the recovered

Patna High Court CR. MISC. No.4274 of 2025(2) dt.25-02-2025 2/3 liquor and the motorcycle to Nepal.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner. The petitioner was not present at the time of alleged occurrence. The injury no. 1 is simple in nature whereas opinion about injury no. 2 is reserved. There is general and omnibus allegation against the petitioner. The name of the petitioner has transpired merely on the basis of suspicion. The petitioner has six antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.10.2024.

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

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to 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, East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No. 148 of 2024, with a condition/s:-

Patna High Court CR. MISC. No.4274 of 2025(2) dt.25-02-2025 3/3 (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 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T