Patna High CourtCR. MISC./8433/2019rejected

Lalan Singh v. The State Of Bihar

2019-02-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8433 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- RAJPUR District- Buxar ====================================================== Lalan Singh Son of Late Vishwanath Singh, Resident of Village - Devidehra, P.S.-Rajpur, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2019 Heard both sides.

The petitioner apprehends his arrest in Rajpur P.S. Case No.226 of 2018 registered under Sections 341, 323, 302, 506 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that one month prior to the occurrence some altercation took place due to construction of house and when the father of the informant requested the accused persons to get the land measured, Abhay Narayan Singh threatened the father of the informant to kill. On 07.10.2018, the petitioner and other accused persons came at the field of Srikant Yadav and thereafter, Lalan Singh (petitioner) and Mukti Narayan Singh exhorted Abhay Narayan Singh and Jitendra Kumar Singh to kill the father of the informant. On such, Abhay

Patna High Court Cr.Misc. No.8433 of 2019(2) dt.13-02-2019 2/2 Narayan Singh fired killing the father of the informant on the spot.

Learned counsel for the petitioner submits that the petitioner is an old man aged about 75 years. The allegation of instigation against the petitioner is ornamental. It is submitted that the petitioner is suffering from different ailments but from perusal of F.I.R., it appears that some dispute arose one month prior to the occurrence and on the date of occurrence the petitioner and other co-accused persons came to the field of Srikant Yadav. The petitioner and other accused exhorted, the co-accused Abhay Narayan Singh killed the father of the informant by shooting him.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U