Bablu Singh @ Sablu Singh @ Amit Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47667 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -AMAS District- GAYA ====================================================== Bablu Singh @ Sablu Singh @ Amit Rawani Son of Ramdeep Ram Resident of Village-Narayanpur, P.S. Imamganj, District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shally Kumari For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-12-2016 Heard the counsel for the petitioner and Mr. S. K. Pandey, APP for the State.

The petitioner prays for bail in Amas P.S. Case No. 65 of 2015 registered under section 302 IPC and section 27 of the Arms Act.

The FIR was lodged against two named accused persons. The petitioner is not named. In course of investigation, his complicity transpired/surfaced and hence he is lodged in custody since 08.04.2016.

The prosecution case, in brief, is that the informant, along with his brother and one another, were on their way when they saw several persons belonging to a Naxalite group assembled at a place. They started chasing them. All, except

Patna High Court Cr.Misc. No.47667 of 2016 (3) dt.06-12-2016 2/3 one brother, succeeded and his brother who fell down on way was captivated and was done to death.

Counsel for the petitioner submits that there is no direct complicity of the petitioner in the crime. Co-accused Kavi Pandit in his statement had named the petitioner and some other accused persons, one of whom namely Sheru Khan has since been released on bail in Cr. Misc. No 28332 of 2016. During investigation, 2-3 brothers of the informant have also supported the case with regard to the firing at the deceased by co-accused Kavi Pandit. It is stated referring to paragraph 3 of the bail petition that the petitioner has no criminal history. The charge-sheet has already been submitted.

Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the 1st Class Judicial Magistrate, Sherghati, Gaya in Amas P.S. Case No. 65 of 2015 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court

Patna High Court Cr.Misc. No.47667 of 2016 (3) dt.06-12-2016 3/3 shall have liberty to cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T