Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19984 of 2020 Arising Out of PS. Case No.-379 Year-2019 Thana- BHELDI District- Saran ====================================================== BABLU SINGH Son of Teras Singh @ Teras Prasad Singh Resident of Village - Basauta, P.S.- Bheldi, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash, Adv For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-08-2020 The matter has been taken up through video conferencing.

Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 379 of the Indian Penal Code.

According to FIR, the informant claims to be an eye witness of the occurrence and he alleges that the petitioner gave several dagger blow to his grandfather, as a result whereof, he died.

Learned counsel for the petitioner submits that the case diary would reveal that there is no other eye witness of the occurrence. The Doctor has found single stab wound on

Patna High Court CR. MISC. No.19984 of 2020(3) dt.19-08-2020 2/3 the person of the deceased which makes it abundantly clear that the informant had not seen the occurrence. Moreover, in the FIR, the informant has stated that he saw the petitioner and others when they were fleeing after committing the occurrence. Petitioner has got no criminal antecedent. Investigation of the case is already complete. There is no material to substantiate that the petitioner is going to tamper with the evidence.

Considering the entire facts aforesaid especially the fact that the eye witness is not consistent with the medical report for the purpose of consideration of this prayer for bail, 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 Bheldi Police Station Case No.379 of 2019 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.19984 of 2020(3) dt.19-08-2020 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T