Lallan Kumar @ Lallan Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24186 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Lallan Kumar @ Lallan Kunwar S/O- Ramashray Kunwar R/O VillageTeyai, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Town P.S. Case No. 45 of 2021 instituted for the offences under Sections 115, 120B(i) and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 17.01.2021, charge-sheet has been submitted in the case and he has got two criminal antecedents as mentioned in paragraph '3' of the bail application. Learned counsel for the petitioner submits that informant in the F.I.R. alleges that Sonu Kumar talked from his mobile number, 8757229639 on the mobile number 9572062252 with regard to killing of a clerk posted in Teghra Block for which Rs. 2-1/2 lakhs would be paid but the other person asked
Patna High Court CR. MISC. No.24186 of 2021(3) dt.22-12-2021 2/3 for Rs. 4 lakhs. It is further alleged that based on the recorded conversation, the informant reached at the house of Sonu Kumar who disclosed that the mobile is being used by his brother Deepak, further Deepak disclosed that he talked on that number with one Raja Sahni who is in jail in connection with a murder case, further Deepak also disclosed that his friend Sintu had sought his help for killing the clerk with whom his friend Lallan Kumar (petitioner) has land dispute.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that at best what has come against this petitioner in the F.I.R. is that co-accused Sintu Kumar had informed Deepak that this petitioner intended to get the clerk, posted in Teghra Block, killed as he was having land dispute. Learned counsel further submits that nothing has come in the investigation which could even remotely connect this petitioner with Deepak, Raja Sahni or Sintu Kumar as such his name has merely transpired on the statement of Sintu Kumar to Deepak.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 17.01.2021, charge-sheet has been submitted in the case
Patna High Court CR. MISC. No.24186 of 2021(3) dt.22-12-2021 3/3 and it has been alleged that he had talked to Sintu for getting the deal of murder cracked and there is nothing in the investigation to even remotely connect the petitioner with the alleged named accused persons in the F.I.R., let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Town (Lohiyanagar O.P.) P.S. Case No. 45 of 2021 with a condition that one of the bailors shall be the father of the petitioner.
(Satyavrat Verma, J) Rishi/- U T