Bipin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 25531 of 2024 Arising Out of PS. Case No.-432 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Bipin Singh, aged about 38 years (Male), S/o- Gupteshwar Singh, resident of Village- Kosdihra PS- Nabinagar Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in a case registered for the offence under Sections 147, 149, 341, 186, 353, 323, 332, 333, 307, 224, 225, 504 and 506 of the Indian Penal Code and Section 13 of the Gambling Act, 1867.

3. As per the prosecution case, a secret information received by the police and they proceeded to the place of occurrence and saw that some persons were playing gambling who after seeing the police party, started escaping from the place of occurrence but police chased them and caught two persons with playing card and they also obstructing the official duty to the police.

Patna High Court CR. MISC. No. 25531 of 2024(2) dt.10-04-2024 2/3 4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that nothing has been recovered from his possession and no seizure list was prepared in this regard which shows that the police has manufactured false case against the local innocent persons as also the petitioner as stated in para-10 of the petition. Petitioner is in custody since 13.02.2024. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report and impugned order dated 02.03.2024, it appears that the allegation against the petitioner is hot exchange with the police and no specific allegation against him, considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Nabinagar P.S. Case No.432 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of

Patna High Court CR. MISC. No. 25531 of 2024(2) dt.10-04-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T