Lal Babu Bhagat @ Lal Babu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49575 of 2016 Arising Out of PS.Case No. -377 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lal Babu Bhagat @ Lal Babu Prasad, son of late Satya Narain Bhagat, resident of village Lohargawa, P.S. Madhuban, district East Champaran .... Petitioner

Versus

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

For the Petitioner : Mrs. Bela Singh, Adv. For the Opposite Party : Mr. Indra Kumar Singh, APP 174 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 399, 402 and 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

The offence alleged is preparation to commit dacoity. Name of the petitioner had transpired in the confessional statement of the co-accused. The petitioner is in custody since 21.06.2016. Submission of the petitioner is that the petitioner has not been put on test identification parade nor anything has been recovered from the possession of the petitioner. The cases against the petitioner disclosed in paragraph 3 shows that in most of the cases the petitioner is not named in the first information report. Considering the period already gone and the nature of allegation, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Madhuban P.S. Case No. 377 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, IV, East Champaran at Motihari, or successor Court with the condition that both the bailors shall be local residents having immovable property. (Birendra Kumar, J) SA/- U √ T √