Babloo Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24747 of 2022 Arising Out of PS. Case No.-732 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
BABLOO KUMAR SINGH S/o Nawal Kishor Singh Resident of VillageParshurampur, P.S.- Amnour, District- Saran at Chapra. 2.
Amitabh Kumar S/o Baijnath Sharma Resident of Village- Parsa, P.S.- Parsa, District- Saran at Chapra.
... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh For the Opposite Party/s :
Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.
The petitioners seek bail in a case registered for the offence punishable under Sections 414/34 of the Indian Penal Code and Section 20/22 of the N.D.P.S. Act.
400 gm of opium is said to have been recovered from the pocket of the petitioners.
This is the second attempt of the petitioners to
Patna High Court CR. MISC. No.24747 of 2022(2) dt.18-05-2022 2/3 approach before this Court for bail. Earlier, vide detailed order dated 09.09.2021 passed in Cr. Misc. No. 28317 of 2021, the prayer for bail of the petitioners was rejected with a liberty to renew their prayer after six months.
It is submitted by learned counsel for the petitioners that now six months has gone by and petitioners are languishing in custody since 13.11.2020. It is further submitted that similarly situated co-accused, namely, Pankaj Kumar Singh @ Pankaj Singh has been enlarged on bail by a co-ordinate bench of this court vide order dated 08.03.2022 passed in Cr. Misc. No. 44364 of 2021.
Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Saraiya P.S. Case No.732 of 2020, subject to the following conditions :
(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their
Patna High Court CR. MISC. No.24747 of 2022(2) dt.18-05-2022 3/3 wife.
(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
(3) The petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioners shall co-operate with the investigation, if not already concluded and make themselves available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(5) The petitioners will mark their attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) Trivedi/- U T