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Patna High Court - Orders

Bibek Kumar Singh @ Chunu Baba vs The State Of Bihar on 16 October, 2023

Author: Partha Sarthy

Bench: Partha Sarthy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27474 of 2023
                     Arising Out of PS. Case No.-516 Year-2022 Thana- MADHAURAH District- Saran
                 ======================================================
                 BIBEK KUMAR SINGH @ CHUNU BABA Son of Raj Kishore Singh R/V-
                 Maraurhakhurd, Vaishya Tola, PS- Maraurha Dist- Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.63 of 2023 (arising out of Marhowra P.S. Case no.516 of 2022) registered under sections 307, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, it is stated that the three named accused persons including the petitioner herein pressurized the brother of the informant to withdraw an earlier case lodged by him. It is further stated that on the date of occurrence, co-accused Jitendra Singh @ Bablu fired from his country made pistol, however, the informant was somehow saved.

4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.27474 of 2023(5) dt.16-10-2023 2/2 petitioner has been falsely implicated in the case. Even from the F.I.R., no overt act has been alleged against him. The overt act is solely against Jitendra Singh @ Bablu. The petitioner is in custody since 27.9.2022 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against this petitioner in the F.I.R. together with the petitioner having remained in custody for more than one year since 27.9.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.63 of 2023 (arising out of Marhowra P.S. Case no.516 of 2022) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Chapra.

(Partha Sarthy, J) Saurabh/-

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