Rahul Kumar Singh @ Babli @ Dipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68442 of 2018 Arising Out of PS. Case No.-1476 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Rahul Kumar Singh @ Babli @ Dipu, S/o Birendra Singh Resident of Village-Kasiya, PS-Dumraon, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sasaram (Mufassil) P.S. Case No.1476 of 2017 registered for the offence punishable under Sections 302, 379, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR named accused persons are under suspicion to have committed murder of the husband of the informant. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case only on suspicion. No incriminating material has been recovered from the possession of the petitioner. There is general and omnibus allegation against the petitioner. It has been further submitted that similarly placed coaccused has been granted bail by co-ordinate Bench of this

Patna High Court Cr.Misc. No.68442 of 2018(3) dt.17-12-2018 2/3 Court vide order dated 23.04.2018 passed in Cr. Misc. No. 22332 of 2018. He has no criminal antecedent and is in custody since 12.01.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram (Mufassil) P.S. Case No.1476 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.68442 of 2018(3) dt.17-12-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T