Anil Kumar @ Babloo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75562 of 2024 Arising Out of PS. Case No.-248 Year-2024 Thana- PALIGANJ District- Patna ====================================================== Anil Kumar @ Babloo Son of Madan Yadav @ Madandhari Yadav Resident of Masaurhi Kala, P.S. - Paliganj, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP For the Informant :
Mr. Ajay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in Paliganj P.S. Case No. 248 of 2024, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 504 and 506 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner gave knife blow to the informant, Monu Kumar and Sonu Kumar and injured them severely.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.75562 of 2024(2) dt.23-10-2024 2/3 possession of the petitioner. Learned counsel for the petitioner further submits that the alleged injuries are over non-vital parts of bodies of the injured and the Primary Health Care has not supplied the injury report and only stitches have been examined without mentioning of any age of the wounds. The petitioner is in custody since 07.07.2024 and has got one criminal antecedent.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paliganj P.S. Case No. 248 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.75562 of 2024(2) dt.23-10-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.
(IV) 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.
(Rudra Prakash Mishra, J) Rajorshi/- U T