Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19666 of 2024 Arising Out of PS. Case No.-16 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Lalan Singh son of Late Siya Singh Village- Maalpur, Khusrupur PsKhusrupur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Faiz Naseem, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Khushrupur P.S. Case No. 16 of 2023 registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 28.08.2023.

4. The allegation against the petitioner is to commit murder of son of the informant alongwith other coaccused persons by causing firearm injuries, where

Patna High Court CR. MISC. No.19666 of 2024(3) dt.05-07-2024 2/3 occurrence arises out of old enmities.

5. Learned counsel appearing on behalf of the petitioner submitted that allegation against petitioner is only part of mob, whereas the specific allegation is to cause fatal firearm injuries is available against co-accused, namely, Dhananjay Singh. While concluding the argument, it is submitted that petitioner found involved in one more case, where he is on bail and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP, opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above as allegation against petitioner is limited to part of mob only, where specific allegation of fatal firing is available against co-accused, coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 28.08.2023 accordingly, petitioner above named, is directed to be released on bail in connection with Khushrupur P.S. Case No. 16 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.19666 of 2024(3) dt.05-07-2024 3/3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - IV, Patna City/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T