Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44242 of 2023 Arising Out of PS. Case No.-281 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== BABLU KUMAR SON OF SURENDRA SAH VILL CHAMPAPUR PS RAMGARHWA DIST EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023

1. 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.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 281 of 2023 dated 03.03.2023, registered for the offences punishable u/ss 363, 393 and 307 of the Indian Penal Code.

4. As per the prosecution case, all the three accused persons put a muffler on the neck of the informant and tried to strangulate him. The informant in order to save himself tried to

Patna High Court CR. MISC. No.44242 of 2023(2) dt.31-07-2023 2/3 catch the muffler due to which the control on the staring was lost and the vehicle dashed with a tree. As the vehicle met with an accident, all the three passengers tried to flee, however, the villagers caught hold of one of the assailants while two managed to flee taking advantage of darkness. The apprehended person disclosed his name as Vicky Kumar and has also disclosed his co-associate as Babloo Kumar.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sadar East Champaran at Motihari in connection

Patna High Court CR. MISC. No.44242 of 2023(2) dt.31-07-2023 3/3 with Turkauliya (Banjariya) P.S. Case No. 281 of 2023

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T