Lal Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17347 of 2020 Arising Out of PS. Case No.-266 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== LAL BABU S/o Shatrudhan Singh Resident of Village-Charkawan, P.S.- Rafiganj, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Rafiganj PS case no. 266 of 2019 instituted for the offences punishable under Sections 504, 506/34 of Indian Penal Code and 27 of Arms Act.

The accused persons including the petitioner are alleged to have arrived at the house of the informant on 20.11.2019 at about 2 pm in the evening and had abused and threatened the informant, whereafter it is alleged that the petitioner had fired in the air and had fled away from the

Patna High Court CR. MISC. No.17347 of 2020(4) dt.18-09-2020 2/2 village.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that a general and omnibus allegation has been levelled as against the petitioner herein and there is no allegation of any sort of overt act as far as the petitioner is concerned and he has been falsely implicated in the present case on account of village rivalry. The petitioner is said to be languishing in custody since 15.12.2019. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that there is no allegation of any sort of overt act qua the petitioner herein, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj PS case no. 266 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T