Babul Singh @ Saurabh Singh @ Saurabh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25222 of 2025 Arising Out of PS. Case No.-12 Year-2024 Thana- Lokha District- Supaul ====================================================== Babul Singh @ Saurabh Singh @ Saurabh Kumar Singh S/O Late Ashok Singh R/O Vill.- Baruari Paschim, P.s. and Dist.- Supaul, Bihar, Present Add. R/O Vill.- Mahavir Chowk, Ward no. 10, P.S. and Dist.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner, learned APP for the State.

2.

The petitioner seeks bail in Lokaha P.S. Case No. 12 of 2024, instituted for the offences punishable under Sections 147, 148, 149, 307, 327, 427, 384, 386, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The prosecution case, in short, is that, the petitioner along with other co-accused persons were cutting tree and on protest by the informant and his family members, the accused persons started indiscriminate firing. Co-accused Kunal Singh has fired 2-3 rounds on Mausam Singh due to which he sustained bullet injury and fell down.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25222 of 2025(2) dt.23-04-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is no specific allegation against the petitioner. The petitioner is in custody since 28-09-2024 and has got two criminal antecedents in which he is on bail in all cases. Other similarly situated co-accused persons have been enlarged on bail by this Court vide order dated 21-02-2025, passed in Cr. Misc. No. 66820 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, claim based on parity, there being no direct allegation of firing against the petitioner and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released 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 Court below/concerned Court in connection with Lokaha P.S. Case No. 12 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.25222 of 2025(2) dt.23-04-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T