Babu Sahib @ Babu Saheb Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54791 of 2017 Arising Out of PS.Case No. -215 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Babu Sahib @ Babu Saheb Singh, S/o Nityanand Singh @ Nitya Singh, resident of Village- Kathail, P.S.- Amarpur, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nirbhay Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Rajesh Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 307, 324, 384, 386, 302, 379 of the Indian Penal Code and Section 27 of Arms Act.

Earlier this Court had refused the prayer for bail of the petitioner on 20.12.2016 in Cr.Misc.No.42226/2016 with direction to the learned court below to conclude the trial within nine months, failing which the petitioner may renew the prayer for bail.

In paragraph-5 , the petitioner has stated on oath, out of 13 only 6 prosecution witnesses have been

Patna High Court Cr.Misc. No.54791 of 2017 (2) dt.15-11-2017 examined up-till-now. The petitioner is in custody since 11.07.2015.

Allegation against the petitioner is that he alongwith other 10-12 persons made indiscriminate firing causing death of two persons.

Submission of the learned counsel for the petitioner is that there is no specific allegation against the petitioner of causing injury to anyone. The petitioner is in custody since more than two years and the petitioner is ready to cooperate with the trial on each and every condition imposed by this Court.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Amarpur Police Station Case No.215 of 2015, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T

Patna High Court Cr.Misc. No.54791 of 2017 (2) dt.15-11-2017