Bipin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58019 of 2022 Arising Out of PS. Case No.-226 Year-2008 Thana- BARH District- Patna ====================================================== Bipin Singh Son Of Late Saryug Singh R/O Village- Harauli, P.S.- Barh, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
:
Mrs. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-02-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Barh P.S. Case No. 226 of 2008 lodged under Sections 147, 148, 149, 324, 323, 307, 384, 302 of the I.P.C. and Section 27 of the Arms Act.
As per the prosecution case, the allegation against the petitioner is that the petitioner along with 6 others, have been made accused in this F.I.R. The allegation of demand of extortion and upon non-payment, allegation of brutal assault of the informant's brother, due to which he died on 17.08.2008 are
Patna High Court CR. MISC. No.58019 of 2022(3) dt.15-02-2023 2/3 there. It has been alleged that the said injuries had been caused by the criminals, only due to the demand of extortion and due to these assaults, the victim died in P.M.C.H. during his treatment. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that from the content of the F.I.R., it is clear that there are 7 known and 2 unknown accused persons in this case, against whom F.I.R. has been lodged. It has also been mentioned that allegation of demanding rangdari is not correct. Counsel further submits that petitioner is a law abiding citizen and his name has figured in this case by virtue of conspiracy. Learned counsel for the petitioner submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Barh, District Patna in connection with Barh P.S. Case No. 226 of
Patna High Court CR. MISC. No.58019 of 2022(3) dt.15-02-2023 3/3 2008, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T