Lalan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6497 of 2020 Arising Out of PS. Case No.-68 Year-2019 Thana- SHRI NAGAR District- Madhepura ====================================================== LALAN KUMAR SINGH Son of Ramchandra Prasad Singh @ Natho Singh Resident of Village-Bhairopur, Police Station-Kumar Khand, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-06-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

Informant in his written complaint has alleged that on 28.11.2019 at about 7:00 am in the morning he was going to purchase fertilizer and seeds for Maize and when reached near Madhya Vidyalaya Bela Israin, he saw petitioner alongwith FIR named accused were ploughing his field with Tractor and when he protested petitioner along with FIR named accused started abusing and told that if you will not go then we will kill you and thereafter on provocation of Mantu Singh, petitioner-Lalan Kumar Singh assaulted him with Iron-Rod on account of which

Patna High Court CR. MISC. No.6497 of 2020(2) dt.23-06-2020 2/3 his right side Panjra broke and blood started oozing out and he fell on the ground and thereafter all FIR named accused variously armed started assaulting him and snatched Golden Chain and cash of Rs. 30,000/-.

It has been submitted on behalf of the petitioner that Father-in-Law of petitioner and father of Informant are brothers and partition has been done earlier and both of them are enjoying their peaceful possession and after the death of his Father-in-Law, Informant wants to grab the land of Father-inlaw of petitioner and has implicated petitioner in this false case. It has been further submitted that injuries sustained by Informant are simple in nature as per injury report enclosed as Annexure-2. Petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs.

20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Srinagar P.S. Case No. 68 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.

Patna High Court CR. MISC. No.6497 of 2020(2) dt.23-06-2020 3/3 immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U