Lakhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11203 of 2020 Arising Out of PS. Case No.-114 Year-2019 Thana- RASULPUR District- Saran ====================================================== Lakhan Singh S/o Late Baijnath Singh Village- Bangra, P.S.- Daudpur, DisttSaran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-02-2020 The petitioner, who is in custody since 08.08.2019, seeks bail in connection with Rasulpoor P.S. Case No. 114 of 2019 dated 08.08.2019 instituted for the offence under Sections 399, 402 and 414 of the Indian Penal Code read with Section 25(1-b)a, 26/35 of the Arms Act.

On secret information that some people have assembled in an orchard for committing a serious offence, the place was raided and the petitioner along with another was arrested. However, from the possession of the petitioner, only cash and a Splendor motorcycle, not stated to be a stolen vehicle, was recovered. Firearms is said to have been recovered from his associate, who too was arrested along with the petitioner.

Patna High Court CR. MISC. No.11203 of 2020(2) dt.29-02-2020 2/3 With respect to his criminal antecedents, learned counsel for the petitioner submits that he was first made accused in Daudpur P.S. Case No. 108 of 2018 in which he was granted bail by a bench of this Court. Thereafter, he went to earn his livelihood at Delhi and when he had come back to his village home for a brief period, he was arrested in Rasulpur P.S. Case No. 112 of 2019, reference of which has been provided in paragraph-3 of the petition.

Apart from the two other cases about which reference has been made, the petitioner is also stated to have been made accused in two other cases viz. Siswan (Chainpur) P.S. Case No. 159 of 2019 and Daudpur P.S. Case No. 89 of 2017. In one of the case, though the petitioner has been made accused but has not been remanded whereas in the other, he has been remanded but not granted bail.

With respect to two other cases, the statement of the learned counsel for the petitioner is that he has been granted bail in those two cases.

Thus, it appears, it has been urged, only because of the petitioner not enjoying good reputation with the police that he has been made accused in this case. Apart from this, except for recovery of things which otherwise would not make him liable for any

Patna High Court CR. MISC. No.11203 of 2020(2) dt.29-02-2020 3/3 offence whatsoever, the petitioner has been remanded to custody.

Considering the aforestated facts and taking into account the period of custody of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Saran at Chapra in connection with Rasulpoor P.S. Case No. 114 of 2019.

(Ashutosh Kumar, J) krishna/- U T