Bablu Kumar @ Bablu Kumar Das @ Bablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2060 of 2024 Arising Out of PS. Case No.-28 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== Bablu Kumar @ Bablu Kumar Das @ Bablu S/o Late Bijal Das Vill. Simlagachhi, Ward No.10, P.S.- Sadar (Muffasil) Distt.-Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranvijay Singh For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Earlier, three times bail of the petitioner was rejected by this Court and the trial Court had directed to conclude the trial within four months, failing which the petitioner will be at liberty to renew his prayer for bail.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioner has prayed for regular bail in this case registered for the offence punishable under sections 341, 323, 307, 34 of the Indian Penal Code and Sections 25(1-b)a, 27 of the Arms Act.
4. As per prosecution case, some unknown miscreants fired upon the son of the informant, due to which his son sustained injuries.
5. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.2060 of 2024(3) dt.09-02-2024 2/3 the petitioner has falsely been implicated in this case. He has not committed any offence. He is not named in the FIR rather on the basis of his confessional statement he has falsely been implicate in this case, which is not admissible in the eye of law. It is further submitted that the petitioner has not been put on TIP.
6. In pursuance of direction of this Court, progress report of this case has been received on 18.01.2024, from which it appears that out of eight charge sheeted witnesses, only one witness has been examined till now. Learned counsel for the petitioner is submitted that there is no hope to conclude the trial in near future and the petitioner is languishing in custody since long i.e. 19.05.2022. It is further submitted that the charges have already been framed. Moreover, co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 17.03.2023 passed in Cr. Misc. No. 71307 of 2022.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Purnea Sadar P.S. Case No. 28 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.2060 of 2024(3) dt.09-02-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Purnea.
(Sunil Kumar Panwar, J) manishkumar/- U T