Balkishore @ Babloo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59096 of 2019 Arising Out of PS. Case No.-391 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== Balkishore @ Babloo Sah Son of Late Patan Lal Sah Resident of MohallaAmbedkar Colony, Mushri Tola, Police Station- K. Hat, District- Purnea ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Kumar, Advocate For the Opposite Party :

Mr.Md. Matloob Rab, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under sections 302/120B/34 of the IPC and section 27 of the Arms Act.

The prosecution case is that on 4.6.2019 at around 11 AM while the informant was talking with his father at his door, all the named accused persons came and opened fire as a result his father died on spot.

It is submitted on behalf of the petitioner that name of the petitioner has come during course of investigation on the basis of circumstantial evidence that this petitioner acted as informer in the said occurrence. Save and except this, nothing has come in course of investigation to connect the petitioner with the offence. Petitioner is in custody since 25.6.2019. Charge sheet has also been filed in the case, as such, there is no chance of tampering with the evidence.

In view of the facts and circumstances of the case,

Patna High Court CR. MISC. No.59096 of 2019(4) dt.23-01-2020 2/2 prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in K.Hat (Maranga) Police Station Case No. 391/2019, on the following conditions:-

(1) Petitioner 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 and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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) Shashi U T