Babloo Kumar @ Babloo Singh @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43028 of 2024 Arising Out of PS. Case No.-330 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Babloo Kumar @ Babloo Singh @ Bablu Kumar Son Of Suresh Singh Resident Of Lodipur, Mansurpur, P.S- Khusrupur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Binode Bariar, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Khusrupur P.S. Case No. 330 of 2022, lodged on 27.08.2022 under Sections 302, 34 of the Indian Penal Code read with section 27 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against 20 named accused persons including the present petitioner. The allegation against the present petitioner is that he has made gun shot to the informant's father due to which injury caused on his head and subsequently, informant's father died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the present FIR has been meticulously
Patna High Court CR. MISC. No.43028 of 2024(2) dt.20-07-2024 2/3 designed in which the allegation of firing has been made against all the accused persons, but actually the entire FIR is false. Counsel submits that the criminal antecedent of the petitioner is not clean and there are three criminal cases pending against him in which in all the cases, he is on bail. The petitioner is in custody since 31.08.2023 in the present case. Counsel submits that one case has been found false during investigation. Counsel submits that series of accused persons have been granted bail by this Court as well as by the Co-ordinate Bench of this Court which is annexed as Annexure-6 series as well as vide orders dated 03.08.2023, 18.08.2023, 19.04.2024, 28.05.2024 passed in Cr. Misc Nos. 47291 of 2023, 49946 of 2023, 15866 of 2024 & 21049 of 2024 respectively.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the contents of the FIR, it is clear that there is a direct allegation against the petitioner that he has made a gun shot upon the informant's father on his head due to which he died.
6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner in connection with Khusrupur P.S. Case No. 330 of
Patna High Court CR. MISC. No.43028 of 2024(2) dt.20-07-2024 3/3 2022, pending before the learned Additional Sessions Judge-III, Patna is hereby rejected.
(Dr. Anshuman, J) Divyansh/- U T