Babloo Kumar @ Babloo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28281 of 2024 Arising Out of PS. Case No.-74 Year-2015 Thana- BODHGAYA District- Gaya ====================================================== Babloo Kumar @ Babloo Yadav S/o Late Chandar Yadav R/o vill - Harli khurd, P.S. - Bodh Gaya, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Jamuar For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 324, 326, 307 and 506 of the Indian Penal Code read with Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 24.12.2023 and is a person with clean antecedent and has been falsely implicated in the present case by the informant with an allegation that he fired causing injury to Sumant, Pankaj and Sonu. It is next submitted that from perusal of Annexure P/5 to this application, it would manifest that the injury suffered by Pankaj and Sonu is simple in nature caused by hard and blunt substance, which belies the
Patna High Court CR. MISC. No.28281 of 2024(2) dt.10-05-2024 2/3 allegation against the petitioner that he fired causing firearm injury. It is next submitted that injury report of Sumant, till date, has not been received when FIR is of the year 2015. It is next submitted that similarly situated co-accused have been granted the privilege of regular bail by learned Co-ordinate Benches as would manifest from Annexure-4 series. It is also submitted that petitioner is in custody since 24.12.2023 and charges have been framed, as such, petitioner will not abscond rather will cooperate in the trial.
4. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
5. Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) 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 Bodhgaya P.S. Case No. 74 of 2015.
6. However, the learned Trial Court before accepting the bail bonds shall verify whether charges have been framed against the petitioner or not and in the event if it is found that if
Patna High Court CR. MISC. No.28281 of 2024(2) dt.10-05-2024 3/3 charges have not been framed against the petitioner in that event, the present order shall not be given effect to, but if charges have been framed, in that event the bail bonds of the petitioner shall be accepted forthwith.
(Satyavrat Verma, J) Rishabh/- U T