Bablu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24617 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- SANGRAMPUR District- Munger ====================================================== Bablu Singh, Son Of Late Bangali Singh R/O Village- Rajadih, P.S.- Sangrampur (Tetia Bamber), Dist.- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manohar Prasad Singh, Adv.
For the Informant :
Mr. Sevak Choudhary, Adv.
For the State :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner as well as learned APP for the State.
Petitioner is in custody since 06.09.2020 in connection with Sangrampur (Tetia Bamber) P.S. Case No.139 of 2020 registered for offence punishable under Sections 147, 148, 149, 341, 323, 307, 324, 302, 504 of the IPC. Prosecution case in brief, is that the petitioner along with other co-accused started assaulting the informant due to which serious injury was sustained by the informant as well as his family members and while the father of informant was taken to hospital, his father died.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.24617 of 2021(4) dt.29-11-2021 2/3 submits that there is general and omnibus allegation against the petitioner. Learned counsel appearing on behalf of the petitioner further submits that petitioner is 40% handicapped and there is no specific allegation that petitioner assaulted the father of the informant who died while he was taken to the hospital. Petitioner is having no criminal antecedent and he be enlarged on bail.
Learned APP for the State as well as learned counsel appearing on behalf of the informant opposed the prayer for grant of bail, taking into consideration the serious nature of offence and allegation made in the FIR, as such he do not deserves to be released on bail.
Considering the rival contentions of the parties, materials available on the record as well as the case diary there is general and omnibus allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Munger in connection with Sangrampur (Tetia Bamber) P.S. Case No.139 of 2020, subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court
Patna High Court CR. MISC. No.24617 of 2021(4) dt.29-11-2021 3/3 concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T