Lablu Singh @ Lablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27264 of 2021 Arising Out of PS. Case No.-655 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== LABLU SINGH @ LABLU KUMAR SON OF LATE SHIVDEV SINGH R/O RAGHOPUR EAST NEAR MIDDLE SCHOOL, P.S.- JURAWANPUR, DIST.- VAISHALI (BIHAR) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Shankar Sharma, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 16.10.2020 seeks regular bail in connection with Patrakar Nagar P.S. Case No. 655 of 2020 dated 14.10.2020 registered for offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25 (1-B)(a), 26 and 35 of the Arms Act.
Prosecution case in brief is that upon secret information about commission of crime by some miscreants, a team was constituted by the S.H.O. of Patrakar Nagar Police
Patna High Court CR. MISC. No.27264 of 2021(5) dt.17-01-2022 2/3 Station, Kankarbagh as well as Agamkuan Police Station. When the team of the police reached near Malahi Pakri more then four persons on three motorcycles were found in suspicious condition and were got apprehended and disclosed their name as Praveen Kumar Singh, Lablu Singh (petitioner), Anish Kumar and Ashish Kumar from whose possession a country-made loaded pistol, several mobile phones, A.T.M. cards and motorcycle were recovered.
Learned counsel on behalf of the petitioner submits that no incriminating article has been recovered from the possession of the petitioner while the motorcycle bearing Registration No. BR01EB-8924 belongs to the petitioner. He further submits that petitioner is innocent and he is in custody since 16.10.2020.
Learned A.P.P., has opposed the prayer for grant of bail to the petitioner.
Considering the facts and circumstances of the case, period of custody of the petitioner as well as no specific allegation of tempering the evidence or influencing the witnesses and no likelihood of trial being concluded in near future, the petitioner above named is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty
Patna High Court CR. MISC. No.27264 of 2021(5) dt.17-01-2022 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Patrakar Nagar P.S. Case No. 655 of 2020 with a condition that the petitioner will appear before the S.H.O. of the both the Police Station at 9 am and 10 am daily. In case of any default, the bail bond of the petitioner shall be cancelled. The other conditions are as follows:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers 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) Niraj/- U T