Lal Babu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11289 of 2024 Arising Out of PS. Case No.-82 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Lal Babu Singh S/o Late Ram Jeevan Singh R/o Vill - Shivnathpur, P.S. - Bibhutipur, Dist. - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv :
Mrs.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bibhutipur P.S. Case No. 82 of 2023 lodged under Sections 120B of the I.P.C. read with sections 25(1-b)a/ 26 and 35 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against four named and 2-3 unknown accused persons against whom there is allegation that one bag in which one desi pistol and two live cartridges have been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
2/4 that the alleged recovery has been made in the absence of the petitioner and he has not apprehended from the place of occurrence.
5. Counsel further submits that petitioner's name has come in this case at the instance of police, only due to the reason that there are 13 criminal cases pending against him. He submits that petitioner is in custody since 25.04.2023 and charge-sheet has already been filed in this case.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 82 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
3/4 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Bibhutipur P.S. Case No. 141 of 1998.
ii. Bibhutipur P.S. Case No. 142 of 1998.
iii. Bibhutipur P.S. Case No.62 of 2000.
iv. Bibhutipur P.S. Case no.71 of 2005.
v. Bibhutipur P.S. Case No.08 of 2009.
4/4 vi. Bibhutipur P.S. Case No.43 of 2009.
vii. Bibhutipur P.S. Case No.290 of 2010.
viii. Bibhutipur P.S. Case No.95 of 2005.
ix. Bibhutipur P.S. Case No.232 of 2005.
x. Bibhutipur P.S. Case No.161 of 2007.
xi. Bibhutipur P.S. Case No.52 of 2012.
xii. Bibhutipur P.S. Case No.16961 of 2023.
xiii. Bibhutipur P.S. Case No.02 of 2017.
(Dr. Anshuman, J.) Prakashmani/- U T