Patna High CourtCR. MISC./85156/2023allowed

Jhapo Singh @ Tinku Kumar Singh v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85156 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- JAMUI District- Jamui ====================================================== Jhapo Singh @ Tinku Kumar Singh Son Of Prashuram Singh Resident Of Village - Lakhapur, Police Station - Jamui, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Ms. Beauty Verma, Adv.

For the Opposite Party/s :

Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 353, 307, 332, 337, 279, 188 and 504 of the Indian Penal Code.

3. As per allegation in the FIR,all the FIR named accused persons including the petitioner is involved in illegal mining and storage of sand and also they have created hindrance by pelting stones to the police party in discharging their official duty when they were trying to catch the miscreants and seized their tractors.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.85156 of 2023(2) dt.09-01-2024 2/2 committed no offence. General and omnibus allegations have been levelled against him. He was only the member of the mob. No injury report is brought on record to support the allegation of assault. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. Petitioner is languishing in judicial custody since 7.9.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Jamui in connection with Jamui P.S. Case No. 253 of 2023. (Sunil Kumar Panwar, J) sushma/- U