Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35489 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- DORIGANJ District- Saran ====================================================== BABLU KUMAR SON OF SURENDRA RAI @ SURENDRA KUMAR RESIDENT OF VILLAGE- SINGHI, P.S.- DORIGANJ, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Danish Sami, Adv.

Mr. Alok Kumar, Adv.

Mr. Saket Anand, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the informant states that he saw the accused Jitendra Rai and Vikash Rai with other unknown accused persons shooting his son as a result of which he died.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. His name transpired in course of investigation on the secret information received by the investigating officer to the effect that the petitioner had worked as a liner in the occurrence. Inspite of the informant

Patna High Court CR. MISC. No.35489 of 2022(7) dt.17-01-2023 2/2 claiming that he can identify the other accused persons and the petitioner being in jail since 23.4.2022, chargesheet has been submitted without putting the petitioner on T.I. parade. No overt act is alleged against this petitioner and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made, the nature of material that has transpired in course of investigation, chargesheet having been submitted in the case without putting the petitioner on T.I. parade inspite of the petitioner being in custody for more than 8 months since 23.4.2022, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.391 of 2022 (arising out of Doriganj P.S. Case no.120 of 2022) 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 A.D.J. VII, Saran. (Partha Sarthy, J) Saurabh/- U T