Ram Balak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 42943 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== RAM BALAK SINGH SON OF LATE RAM JIVAN SINGH RESIDENT OF VILLAGE- SINGHIYA BUZURG, TOLA SHIVNATHPUR, PSBIBHUTIPUR, DISTT- SAMASTIPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Ms Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and the learned APP.

2 The petitioner has preferred this application for grant of regular bail in connection with Bibhutipur PS Case No 69 of 2023 dated 21.02.2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 302, 307, 504, 506 of the IPC and Section 27 of the Arms Act. 3 As per the prosecution case, the petitioner and the co-accused persons are alleged to have surrounded/encircled the informant's brother and the petitioner exhorted to kill, the coaccused Lal Babu Singh fired on the informant's brother who was declared dead by the doctor.

4 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has three criminal antecedents, as stated in

Patna High Court CR. MISC. No.42943 of 2023(2) dt.20-07-2023 2/2 paragraph 3 of the bail petition which are not related to murder. It is further submitted that there is no specific allegation of firing against the petitioner. The petitioner is in custody in this case since 10.03.2023.

5 Learned APP has vehemently opposed the bail petition of the petitioner.

6 Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of SDJM, Rosera, District - Samastipur in Bibhutipur PS Case No 69 of 2023 dated 21.02.2023 subject to the condition that:

The petitioner shall remain physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

7 This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T