Biru Singh @ Birlu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18281 of 2020 Arising Out of PS. Case No.-313 Year-2018 Thana- MADHAURAH District- Saran ====================================================== BIRU SINGH @ BIRLU SINGH Son of Lala Babu Singh Resident of Village - Atta, P.S.- Marhowrah, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Ashok Kumar, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Marhowrah P.S. Case No. 313 of 2018, registered for the offence punishable under Sections 379 and 307/34 of the Indian Penal Code.

The case of the prosecution in brief is that on 6.7.2018, a barat came besides the house of the informant in which all the family members were present. It is further alleged that while the

Patna High Court CR. MISC. No.18281 of 2020(2) dt.04-06-2020 2/3 informant's grandson, namely, Kundan Kumar was returning from the celebrations, he was inflicted knife blow in the abdomen by the petitioner causing grievous injury to him. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the petitioner is ready for being imposed any condition, which this Court deems fit and proper for the purposes of grant of bail to the petitioner herein Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and he is languishing in custody since 16.1.2019, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VIII, Saran, Chapra in connection with Morhowrah P.S. Case No. 313 of 2018.

Patna High Court CR. MISC. No.18281 of 2020(2) dt.04-06-2020 3/3 It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the regular bail shall stand cancelled automatically. (Mohit Kumar Shah, J) Ajay/- U T