Patna High CourtCR. MISC./2689/2024bail granted

Md. Bablu @ Md. Bablu Miyan @ Bablu Miyan v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2689 of 2024 Arising Out of PS. Case No.-146 Year-2016 Thana- NAUBATPUR District- Patna ====================================================== Md. Bablu @ Md. Bablu Miyan @ Bablu Miyan S/o Md. Manan @ Md. Mannan R/o Village- Goplalpur Silwar, P.S. Naubatpur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner has produced the certified copy of the final form/report which is taken on record.

3. The petitioner seeks bail in connection with Sessions Trial No. 1087 of 2023 arising out of Naubatpur P.S. Case No. 146 of 2016 registered for the offence under Section 304(B)/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is alleged to have killed the deceased.

5. Learned counsel for the petitioner submits that the petitioner is innocent and the police has submitted the final form in this case exonerating the petitioner but the learned

Patna High Court CR. MISC. No.2689 of 2024(2) dt.24-01-2024 2/2 Magistrate, after differing with the final form has taken cognizance against the petitioner.

6. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 19.07.2023.

7. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

8. Considering the aforesaid facts and the period of custody, this application is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Danapur, Patna in connection with Sessions Trial No. 1087 of 2023 arising out of Naubatpur P.S. Case No. 146 of 2016.

10. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on the dates fixed for hearing.

(Sandeep Kumar, J) Vikas/- U T