Bablu Singh @ Ashok Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70594 of 2021 Arising Out of PS. Case No.-183 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== BABLU SINGH @ ASHOK KUMAR SINGH, S/o Upendra Singh R/o village- Khaira, P.S.- Mali, District- Aurangabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.K.P.Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.
Learned counsel for the petitioner is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.
This is an application for grant of anticipatory bail in connection with Madanpur P.S. Case No. 183 of 2021 registered for the offences punishable under Sections 307, 188, 269, 270, 271, 294,34 of the Indian Penal Code and Section 27 of the Arms Act, Section 51 of Disaster Management Act and Section 9 of Loudspeaker Act.
As per FIR, on the basis of a video in which the present petitioner was seen with a pistol keeping in his waist the
Patna High Court CR. MISC. No.70594 of 2021(2) dt.07-06-2022 2/3 present case was lodged by the S.H.O., Madanpur police station. Learned counsel for the petitioner submits that neither any fire arm was recovered from possession of the petitioner nor any incriminating article was recovered to substantiate the viral video. He further submits that during investigation Section 307 of the IPC was not found true by the Supervising Authority and other co-accused namely Lal Saheb Singh, Dinesh Singh and Prince Pratap Singhhave been enlarged on bail vide order dated 25.09.2021, 18.08.2021 and 24.09.2021 by the learned lower court itself. He further submits that petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Considering the aforesaid submissions made by the learned counsel for the petitioner and the nature of allegation and the fact that the petitioner has clean antecedent, let the petitioner, abovenamed in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in
Patna High Court CR. MISC. No.70594 of 2021(2) dt.07-06-2022 3/3 connection with Madanpur P.S. Case No. 183 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure with further condition that he shall file an undertaking before the learned court below that he shall not be involved in such type of activity in future and on violation of such undertaking learned court below may cancel the bail of the petitioner.
(Sunil Dutta Mishra, J) khushbu/- U T