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Patna High CourtCR. MISC./704/2024allowed

Baban Singh @ Babban Singh v. The State Of Bihar

2024-01-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.704 of 2024 Arising Out of PS. Case No.-16 Year-2022 Thana- PIPRIYA District- Lakhisarai ====================================================== Baban Singh @ Babban Singh, S/O-Arun Singh @ Mokho Singh, Resident Of Village- Ramchandrapur, Ps- Pipariya, District- Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Saurabh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Pipariya P.S. Case No. 16 of 2022 for the offence registered under Sections 341, 342, 323, 325, 379, 307, 504, 506/34 of the I.P.C.

3. Allegation against the petitioner is that he along with other co-accused persons assaulted the brother of the informant with lathi, danda and iron rod due to which he sustained injury and also snatched Rs. 58,000/- from his pocket.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to land dispute between the parties. He has further submitted that there is no specific allegation against the

Patna High Court CR. MISC. No.704 of 2024(2) dt.24-01-2024 2/2 petitioner and the allegation is general and omnibus in nature. There is delay of two days in lodging the FIR without any explanation. Petitioner has no criminal antecedent and he has voluntarily surrendered before the court below on 17.08.2023 and since then he is in judicial custody. Charge-sheet has already been filed and there is no chance of absconding of the petitioner or tampering with the prosecution evidence.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Pipariya P.S. Case No. 16 of 2022. (Sunil Dutta Mishra, J) khushbu/- U T