Babloo Kumar @ Dabala @ Dablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36114 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Babloo Kumar @ Dabala @ Dablu, S/o Devendra Roy, Resident of Village- Mohanpur, P.S.- Muffassil, Distt.- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 17.05.2017 in connection with Samastipur Muffasil P.S. Case No. 126 of 2017 registered for the offence punishable under Sections 341, 323, 379, 384, 504 and 506/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was sitting in his automobile service centre, three miscreants, including the petitioner came and demanded rangdari and on objection, they assaulted the informant and took away Rs. 60,000/- from

Patna High Court Cr.Misc. No.36114 of 2017 (3) dt.24-08-2017 2/3 the chest.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case because of being on inimical terms with the informant. He submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner does not have a clean criminal antecedent and is involved in two more cases of similar nature and that he has been named in the First Information Report.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Samastipur in connection Samastipur Muffasil P.S. Case No. 126 of 2017 on completion of six months in custody, subject to the

Patna High Court Cr.Misc. No.36114 of 2017 (3) dt.24-08-2017 3/3 condition that both the bailors would be close relative of the petitioner and if, in future, petitioner indulges in an offence of similar nature, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T