Lalu Kumar @ Lalbabu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4848 of 2019 Arising Out of PS. Case No.-235 Year-2018 Thana- BUXAR District- Buxar ====================================================== Lalu Kumar @ Lalbabu, son of Loha Singh Resident of Village- Gandhi Nagar, Ward No.9, Buxar Bazar Samiti Road, Buxar, P.S.- Buxar (M), District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Buxar (T) P.S. Case No. 235 of 2018, instituted for the offence under Section(s) 25(1-B)a, 26 and 35 of the Arms Act.

It is alleged in the written report that informant got information that one person has been done to death by firearm injury. The informant along with other Police personnel reached the place of occurrence and learnt that two persons fled away towards Petrol Pump after shooting. Police caught them from a room. One pistol was recovered from possession of co-accused Kamlesh Kumar Singh @ Biller. The petitioner was found present in the room.

Patna High Court Cr.Misc. No.4848 of 2019(2) dt.05-02-2019 2/2 Counsel for the petitioner submits that petitioner has not been apprehended on the spot. He has been made accused only on suspicion.

Petitioner is in custody since 9.5.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Judicial Magistrate, 1st Class, Buxar, in connection with Buxar (T) P.S. Case No. 235 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T