Lallu Kumar @ Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15625 of 2023 Arising Out of PS. Case No.-617 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Lallu Kumar @ Lalu Kumar S/O Dinesh Yadav @Mesan Yadav @Gosai Yadav Vill. Mayapur, P.S.- Muffasil, Distt. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 504, 506 of IPC & section 27 of Arms Act. As per prosecution case, all the FIR named accused persons including the petitioner armed with weapons assaulted the informant as well as brother. During course of this incident, co-accused Satendra Kumar & Arvind Kumar fired from their pistol which hit ankle of the informant's brother due to which he sustained injuries. Thereafter, this case has been registered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in the present case. The petitioner is alleged to be member of mob and general and

Patna High Court CR. MISC. No.15625 of 2023(2) dt.09-05-2023 2/2 omnibus allegation has been leveled against him. The specific allegation of firing is against other co-accused persons. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Gora yadav has already been granted bail by a co-ordinate Bench of this Court vide order 27.4.2023 passed in Cr. Misc. No. 10288 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 5.12.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaya Muffasil P.S. Case No. 617 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T