Lakkhi Kumar @ Lakkhi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7513 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Lakkhi Kumar @ Lakkhi Rai Son of Shankar Rai, Resident of VillageBishanpur Kowahi, P.S.-Patepur, Dist.-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Patepur P.S. Case No.78 of 2023 instituted under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, all the accused persons including the petitioner have assaulted the son of the informant due to which he died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to previous enmity. He further submits that there is no specific allegation against the petitioner rather the specific allegation is against the co-accused Vikash Kumar. He also submits that petitioner has no concern with the other accused persons and he is a handicapped person. Learned counsel submits that no fardbeyan was recorded in the Hospital where the injured was treated and

Patna High Court CR. MISC. No.7513 of 2024(2) dt.19-02-2024 2/2 after the post-mortem the F.I.R. has been lodged on the written report of the informant. He further submits that there is delay in lodging the F.I.R. He also submits that similarly situated coaccused namely Bhushan Kumar has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 11.10.2023 passed in Cr. Misc. No.61871 of 2023. The petitioner has one criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Patepur P.S. Case No.78 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/- U T