Rambabu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30898 of 2023 Arising Out of PS. Case No.-36 Year-2013 Thana- BHIMPUR District- Supaul ====================================================== RAMBABU SINGH son of Late Ram Vilas Singh Village- Bhimpur PsBhimpur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 328, 302 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons forcibly put poisonous thing in the mouth of the informant's wife due to which froth was coming from her mouth and later on she died.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous land dispute. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner rather the specific

Patna High Court CR. MISC. No.30898 of 2023(6) dt.16-10-2023 2/2 allegation of putting poisionous thing the mouth of the informant's wife against co-accused, namely, Bhupendra Singh. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.03.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that as per FSL Report, which is annexed with Case Diary, it appears that Almunium Phosphide commercially known as Celphos is a severe gastro intestinal irritant is decteted.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhimpur P.S. Case No. 36 of 2013 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief of Sessions Judge-cum-Special Judge, NDPS, Supaul. (Sunil Kumar Panwar, J) lata/- U T