Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40790 of 2020 Arising Out of PS. Case No.-251 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

LAL BABU SINGH S/o Kishun Prasad @ Kishun Prasad Singh 2.

SURENDRA MISHRA S/o Hari Shankar Mishra Both are r/o village- Gaur Kathak, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody since 22.09.2020 in connection with G.B. Nagar P.S. Case No. 251/2020 registered for the offences punishable under Sections 147/148/149/341/323/325/307/353/332/ 333/504/506 of the Indian Penal Code.

As per the prosecution case, 41 named accused persons including these petitioners and 150-200 unknown persons attacked the police party and also prevented them from discharging their official duty.

It is submitted that allegation is omnibus in nature. Specific allegation of assault has been made against other co accused person.

Patna High Court CR. MISC. No.40790 of 2020(2) dt.26-02-2021 2/2 Chargesheet has already been submitted in this case. Petitioners are in custody since 22.09.2020 and bear clean antecedents. Considering the aforesaid facts and circumstances, the bail petition of the petitioners is allowed. Let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned 2nd Additional District and Sessions Judge cum Special Judge, Excise, Siwan, in connection with G.B. Nagar P.S. Case No. 251/2020, subject to following conditions:-

(1) Petitioners 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 on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T