Babloo Kumar @ Bablu @ Babli @ Babli Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39606 of 2023 Arising Out of PS. Case No.-795 Year-2022 Thana- BARH District- Patna ====================================================== BABLOO KUMAR @ BABLU @ BABLI @ BABLI SINGH, son of Sacchidanand Singh, R/o- Sehri Ps- Barh Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Narayan Singh, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
Learned counsel for the petitioner is permitted to delete para nos. 10, 11 and 12 of the bail petition in course of the day.
The petitioner has preferred this application for grant of regular bail in connection with Barh P.S. Case No. 795 of 2022 dated 06.12.2022 registered for the offences punishable u/ss 25(1-b)a, 26, 30 and 35 of the Arms Act. As per the prosecution case, the petitioner and the co-
Patna High Court CR. MISC. No.39606 of 2023(2) dt.12-07-2023 2/3 accused persons are alleged to have kidnapped the victim Kamlesh Kumar. A raid was conducted and the victim was recovered from the Har Har Mahadev Line Hotel. The petitioner and the accused persons were apprehended from the place of occurrence. It is further alleged that they were involved in the alleged crime. One pistol, two live cartridges and one mobile phone were recovered from waist and pocket of the petitioner. One arms license was also seized from the pocket of the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that there is no eye witness to the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2023.
Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.39606 of 2023(2) dt.12-07-2023 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Barh P.S. Case No. 795 of 2022 with the condition :-
1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.
The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T