Babloo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26817 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- KURSAILA District- Katihar ====================================================== 1.

Babloo Singh, Age 35 years, Male, Son of Girdhari Singh 2.

Sanjeev Singh Age 25 years, Male, son of Pawan Singh 3.

Suraj Singh Age 22 years, Male, Son of Pawan Singh 4.

Bittu Singh, Age 25 years, Male, Son of Ashok Singh 5.

Sachin Singh Age 20 years, Male, Son of Shekhar Singh 6.

Monu Singh, Age 20 years, Male, Son of Shekhar Singh 7.

Raja Singh, Age 21 years, Male, Son of Bahadur Singh 8.

Anooj Singh @ Anoj Kumar, Age 39 years, Male, Son of Girdhari Singh 9.

Chahat Singh, Age 22 years, Male, Son of Ajay Singh 10.

Gaurav Singh Age 22 years, Male, Son of Madan Singh 11.

Masoom Singh Age 19 years, Male, Son of Nakul Singh 12.

Sudhir Singh Age 34 years, Male, Son of Jadu Singh @ Yadu Mahaldar, All are resident of Village - Kataria, P.S.- Kursela, District - Katihar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 325, 326, 307, 504, 448, 461, 354(B), 506, 509 and 379/34 of the Indian Penal Code registered in connection with Kursela P.S. Case No. 195 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of local politics. The accusations are general and omnibus in nature without any specific accusation of assault attributed to the petitioners individually. There is no injury

Patna High Court CR. MISC. No.26817 of 2019(2) dt.24-04-2019 2/2 report on record to corroborate the accusation of assault. There is inordinate delay in instituting the first information report on 01.11.2018 for the alleged occurrence of 31.10.2018. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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 reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T