Lalu Kumar @ Lalu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11343 of 2022 Arising Out of PS. Case No.-428 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Lalu Kumar @ Lalu Mandal, aged about 22 years (Male),Son Of Naresh Mandal, Resident Of Village- Biharipur, P.S.- Nathnagar (Madhusudanpur ), District- Bhagalpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party :
Mr. Harendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in connection with Nathnagar (Madhusudanpur) P.S. Case No. 428/2021 for the offence registered under Section 392 of the I.P.C. Later on, Section 414 of the I.P.C. was also added.
The prosecution story, in brief, is that on 05.08.2021
Patna High Court CR. MISC. No.11343 of 2022(2) dt.16-05-2022 2/3 four unknown miscreants looted the bag of the informant in which Rs. 26,900/- was kept.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in the present case on the basis of confessional statement of co-accused recorded under Section 161 Cr.P.C. before the police. There is no recovery of any incriminating article from possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Bhagalpur, in connection with Nathnagar (Madhusudanpur) P.S. Case No. 428/2021, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.11343 of 2022(2) dt.16-05-2022 3/3 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T