Bindeshwar Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49469 of 2021 Arising Out of PS. Case No.-50 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== Bindeshwar Choupal, S/O Late Budhan Choupal R/O Village-Sonma, P.SBaheri, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Narayan Mahto- Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Baheri P. S. Case No.50 of 2021, instituted for the offences under Sections 341, 323, 324, 354(B), 307, 447, 504 and 506 of the Indian Penal Code.

The present bail application has been taken out of turn in view of the supplementary affidavit filed by the petitioner annexing a certificate issued by the Up-Mukhiya, Gram Panchayat Raj Samadhpura, Darbhanga certifying that the mother of this petitioner died on 07.12.2021. Considering the pleading made in the supplementary affidavit and also appreciating the allegation as alleged against the petitioner in the F.I.R. and the charge-sheet, the petitioner,

Patna High Court CR. MISC. No.49469 of 2021(2) dt.16-12-2021 2/2 above-named, is directed to be released on provisional bail forthwith on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Darbhanga in connection with Baheri P. S. Case No.50 of 2021. The learned Court below will get the certificate of the Up-Mukhiya verified through the office of the Superintendent of Police, Darbhanga. In the event, it is found that the certificate issued by the Up-Mukhiya is genuine, then the provisional bail shall stand confirmed and in the event, if it is found that the certificate issued by the Up-Mukhiya is forged and fabricated, the bail bonds of the petitioner will be cancelled and the petitioner will be taken immediately into custody. The petitioner prior to release on provisional bail will submit a copy of the certificate issued by the Up-Mukhiya for its verification.

With the aforesaid observation and direction, the petition is disposed off.

(Satyavrat Verma, J) vikash/- U T