Bablu Alam @ Gujar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54036 of 2023 Arising Out of PS. Case No.-648 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== BABLU ALAM @ GUJAR SON OF BAKRID MIAN @ BAKRID MIYA RESIDENT OF VILLAGE - PURANI GUDARI, P.S. - KALIBAGH O.P., DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in connection with Bettiah (Town) P.S. Case No. 648 of 2022 registered under Sections 302 and 201/34 of the Indian Penal Code lodged on 05.09.2022 by the informant, Sarita Devi.

As per the prosecution story, the allegation is that the informant got information about killing of his younger brother, went to PMCH and saw his dead body. The further allegation is that the present petitioner had called the informant from the number of his brother and informed that accused Chunu Miya is fighting with his brother Govind Kumar and he is also present there. The further allegation is that one Prem Sah had

2/4 threatened the family members of dire consequences. Accordingly, he made allegation against Chunu Miya, the present petitioner and Prem Sah beside other co-accused in the FIR.

It is the case of the petitioner that the threatening was given by Prem Sah, the assault is actually attributed to Chuna Miya, the only allegation is that this petitioner was present there and no overt act has been attributed to him. He is in custody since 22.09.2022 (as stated in paragraph-11 of the petition). Learned APP for the State opposes the prayer for bail stating that he was the person who informed the informant's side about the fighting between the brother of the informant and Chuna Miya.

Taking into account the submissions put forward by the learned counsel for the petitioner as also the State no overt act has been attributed to this petitioner and he is in custody since 22.09.2022, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah West Champaran, Bagaha, West Champaran

3/4 in connection with Betiah (Town) P.S. Case No. 648 of 2022, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T

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