Bichho Singh @ Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69220 of 2024 Arising Out of PS. Case No.-267 Year-2020 Thana- BARHIYA District- Lakhisarai ====================================================== Bichho Singh @ Dipu Kumar Son of Shobhi Resident of Village - Paharpur, P.S. - Barahiya, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barahiya P.S. Case No. 267 of 2020 dated 16.11.2020 registered for the offences punishable u/s 37(b) of the Bihar Prohibition and Excise Act and sections 323, 341, 324, 427/34 of the Indian Penal Code.

3. As per the prosecution case, 2-3 unknown miscreants in drunken condition came to the shop of the informant and started abusing and creating nuisance, thereafter police came and one Chole Lal was apprehended.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner was released on bail but the bail bond of the petitioner has been cancelled on

Patna High Court CR. MISC. No.69220 of 2024(2) dt.25-09-2024 2/2 10.07.2024 for want of Pairvi. It is the case of first misuse of privilege of bail granted to the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Barahiya P.S. Case No. 267 of 2020, with following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T