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Patna High CourtCR. MISC./60052/2017bail granted

Bablu Singh @ Bablu Kumar And ANR v. The State Of Bihar

2017-12-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 60052 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -AKBARPUR District- NAWADA ======================================================

1. Bablu Singh @ Bablu Kumar,

2. Chhotani Singh Both Sons of Sarvoch Singh @ Bhola Singh @ Sarvoday Singh, R/o Village- Gangta, P.S.- Akbarpur, Distt.- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2017 Heard counsel for the petitioners and the State. Petitioners are accused in Akbarpur Police Station Case No 27 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 307, 302, 504 of Indian Penal Code and Section 27 of Arms Act.

Allegation is that nine persons named in the first information report including the petitioners captivated the uncle of the informant and he was shot. Counsel for the petitioners submit that specific allegation of firing or catching hold of the deceased is against the other accused persons, namely, Lokesh Singh and Kaushal Singh. No specific allegation has been made against the petitioners who are in custody in this case since 09.10.2017. Prior

Patna High Court Cr.Misc. No.60052 of 2017 (3) dt.20-12-2017 2/2 to the instant case, there is no criminal antecedent against the petitioners and that other accused, similarly situated, namely Avinash Singh has already been granted bail by this Court in Cr Misc No 24511 of 2017.

Considering the submissions made on behalf of the petitioners, prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Nawada in Akbarpur Police Station Case No 27 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T