Lallan Prasad Singh @ Lalan Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6585 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- SARAI District- Vaishali ====================================================== LALLAN PRASAD SINGH @ LALAN PRASAD SINGH S/o Late Brahmdev Singh R/o Village- Paura Madan Singh, P.S.- Sarai, Dsitt- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard Mr. Mr. Mrityunjay Kumar, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Sarai PS Case No. 221/2022 dated 18.07.2022 registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the IPC and Section 27 of the Arms Act.
3. As per First Information Report, while the informant was returning back to his home, the named accused persons in the FIR including the petitioner and 8 to 10 unknown persons surrounded the informant, abused him and one of the co-accused persons, namely, Praveen Singh @ Pinku Singh assaulted the informant with the butt of the gun and also fired upon him but the splinter of the gun did not hit the informant and one Sunil Sahni who was standing there received splinter injury on his person.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.6585 of 2023(2) dt.17-05-2023 2/2 petitioner has falsely been implicated in this case due to the settlement of a pool (Pokhra/Jalkar). Learned counsel further submits that no overt act has been alleged against the petitioner and the petitioner has got no criminal antecedent. The allegation of firing is upon co-accused, Praveen Singh @ Pinku Singh.
5. Regards being had to the submissions made by the parties, taking into consideration the fact that no overt act has been alleged against the petitioner and the allegation of firing is upon co-accused, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 16th cum-Sub Judge-17, Vaishali at Hajipur in connection with Sarai PS Case No. 221/2022, subject to the condition as laid down under Section 438(2) CrPC. (Anil Kumar Sinha, J) perwez U T