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(Accused is in custody)

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE ,

SAHARSA.

BAKHTIYARPUR P.S. CASE NO. - 51/2023

Under Sections 341,323,307,379,504,506,34 of I.P.C. and 27 of Arms Act

IN THE MATTER OF:-

STATE

Vs.

Bijli Singh & Other ………….Accused

The humble petition of bail on behalf of

accused

1. Bijli Singh aged about 44 years

S/O- Late Murli Singh

Resident of village – Ward No-12, Sardiha

P.S.- Bakhtiyarpur, Dist.- Saharsa

MOST RESPECTFULLY SHEWETH:-

1. That this is an application for grant of regular bail to the

accused petitioner who is in judicial custody since 25/04/2023

in connection with the present case .

2. That the petitioner has not preferred such an application for

anticipatory bail or regular bail earlier either before this court or

the SessionCourt or the Hon’ble Patna High Court.

3. That the petitioner has criminal antecedents as under:-

i. Bakhtiyarpur P.S. Case No.- 61/1991 under section 392 of

IPC.

ii. Bakhtiyarpur P.S. Case No.- 89/1991 under section

392/411of IPC

iii. Bakhtiyarpur P.S. Case No.- 13/2023 under section

341,323,379,504,34 of IPC

iv. Bakhtiyarpur P.S. Case No.- 128/2004

4. That the case no.-01 and 02 had been disposed off and the

petitioner has been acquitted and the petitioner is on bail on

case no.03 and the petitioner is remanded and in judicial

custody in case no. 04 since 04/05/2023 and both cases is

pending before this Learned court.

5. That the petitioner has quite innocent and committed no offence

much less the offence alleged in the FIR and has been falsely

implicated in this case due to grudge, dirty party politics which

is prevailing in side of village.

6. That the above noted FIR has been registered on the false and

frivolous complaint of the informant. And the applicant is law

abiding, God Fearing and having fullest faith in the rule of Law.

7. That allegation against the petitioner is completely

false, fabricated and much far away from real truth.

8. That even during the course of investigation nothing

material has come against the petitioner to show his

complicity in the crime as alleged.

9. That no case under section 307,379 of the IPC and 27

arms Act is made out against the petitioner and other

sections are bailable in nature.

10. That it admitted case of the prosecution that previous

enmity ids running between the party.

11. That it is submitted that there is no jnjury on the

person of the informant .

12.That on perusal of FIR your Honour would find that FIR is

bundle of false fact no any articles have been recovered from

the possession of the petitioner.

13.That the petitioner shall suffer irreparable loss and injury to his

goodwill, health and mental peace, if the police arrest the

petitioner in the false case filed against him.

14.That the Indian legislature respects for the personal liberty of

the citizen and believes in the old- age principle that an

individual is presumed to be innocent till he is found guilty by

the Court. The personal liberty is the most important

fundamental right guaranteed by the Constitution of India.

Deprivation of liberty must be considered a punishment a

punishment unless it is required to insure that an accused will

not stand his trial when called upon. The courts owe more than

verbal respect to the principle that punishment begins after

conviction and every man is deemed to be innocent until duly

tried and duly found guilty.

15.That the petitioner was judicial custody in the present false and

frivolous case since 25/04/2023. No useful purpose will be

served by keeping the applicant in jail any longer. The

petitioner accused should not be in kept in judicial custody as

pre trial punishment measures.

16.That the petitioner is not a previous convict and are having their

roots in society. There is no chance of petitioner tempering the

evidence or threatening the witness or to flee/abscond from

justice, if released on bail.

17.That the petitioner is also ready to comply with all the

conditions as prescribed under section 437 of Cr.P.C. or any

other condition as deem fit and proper by this Learned court,

while granting the bail.

18.That there are other grounds also which is raised at the time of

hearing of bail application by your Honour’s permission.

It is, therefore, prayed that Your

Honour may graciously be pleased to enlarge

the petitioners on bail of proper surety.

AND/OR

Pass such an order(s) as Your Honour may

deems fit and proper.

And for this the petitioner shall ever pray.

Petitioner,

through Advocate.
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IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE ,

SAHARSA.

BAKHTIYARPUR P.S. CASE NO. - 51/2023

IN THE MATTER OF:

STATE Vs. Bijli Singh & others …Accused

AFFIDAVIT

I, Chhotu Kumar S/O- Bijli Singh alias Sadanand Singh aged about 30

years, resident of village - Ward No.-12, Sardiha, P.S. – Bakhtiyarpur, Dist. –

Saharsa do hereby and solemnly affirm and state as follows:

1. That I am son of Petitioner and also competent to swear this affidavit and

also well acquainted with this facts and circumstances of the case.

2. That I am competent to swear this affidavit.

3. That I am gone through the contents of the bail petition bearing above case

no. and have understood the same.

4. That the statements made in the application are true to the best of my

knowledge and based on information derived from the records of the case,

which I believe to be true.

Deponent.