Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13927 of 2012 ============================================== Lal Babu Singh @ Lal Babu Singh Yadav @ Lal Babu Yadav, son of Police Singh, resident of Village- Maniya, P.S. – Nawanagar (Sonbarsa), District- Buxar…….. .... .... Petitioner Versus The State Of Bihar .... .... Opp. Party ============================================== Appearance : For the Petitioner : Mr. Hemendra Pd. Singh, Sr. Advocate, Mr. Anil Kr. Singh, Mr. Rabindra Kumar, Advocates For the State : Mrs. Nirmala Kumari, A.P.P. For the Informant : Mr. Vikram Deo Singh, Advocate ============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 3 20-06-2012 Heard learned counsel for the petitioner, State and the informant and also perused the report kept at Flag-A. The petitioner seeks bail in a case registered under [STATUTE] besides Section 27 of the Arms Act. Petitioner’s prayer for bail had earlier been rejected twice. On the first occasion it was rejected vide order dated 8.5.2009 passed in Criminal Misc. No.7545 of 2009 (Annexure-1) and subsequently vide order dated 1.9.2010 passed in Cr. Misc. No.24428 of 2010 (Annexure-1/1), however, with an observation that the trial court should take every steps for expeditious disposal of the trial preferably within one year. Learned counsel for the Patna High Court Cr.Misc. No.13927 of 2012 (3) dt.20-06-2012 2/3 petitioner submits that petitioner has remained in custody for about four years as he was taken in custody on 31.07.2008. It has further been submitted that the postmortem report, which has been brought on record as Annexure-3, goes to reveal that there were more than one firearm/pellet injuries whereas there is no allegation of repeated firing by the petitioner. It is contended that the aforesaid fact goes to show that there has been exchange of fire between the two sides and more than one person must have fired upon the deceased. However, the main emphasis of the petitioner had been upon the delay in the trial, period of incarceration and observation of this Court as has been mentioned above. Learned counsel for the informant on the other hand submits that since the firearm used was a double barrel gun, thus, there is every possibility that the wound received by the deceased in scattered manner could have been caused by the single gun short injury. Be that as it may, in view of the facts and circumstances and submission of the parties as well as the fact that the petitioner has remained in custody for about four years, this Court would be inclined to grant bail to the petitioner, Lal Babu Singh @ Lal Babu Singh Yadav @ Lal Babu Yadav, on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like Patna High Court Cr.Misc. No.13927 of 2012 (3) dt.20-06-2012 3/3 amount each to the satisfaction of the A.D.J., F.T.C. Vth, Buxar in connection with S.T.R. No.52/10 /343/10 (Nawanagar P.S. Case No.85/2001) with a further condition that one of the bailors of the petitioner must be a family member or a close relative, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. It is made clear that the trial court would proceed with the trial and conclude the same on its own merit and in accordance with law without being prejudiced by any observation made or finding recorded by this Court in the present order. Sanjay-II/- (Dr. Ravi Ranjan, J)

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.