Lalu Singh @ Lallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18482 of 2020 Arising Out of PS. Case No.-100 Year-2017 Thana- GURARU District- Gaya ====================================================== LALU SINGH @ LALLU SINGH Son of Birendra Bahadur Singh @ Baban Singh Resident of Village- Shyam Nagar Nima, P.S.- Amas, District- Gaya. ... ... Petitioner.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 C.L.A. Act. As per the prosecution case, unknown Naxlite killed the father of the informant due to non-fulfillment of demand of levy.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot. No incriminating

Patna High Court CR. MISC. No.18482 of 2020(3) dt.01-07-2020 2/2 article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of one Rakesh Kumar which has no evidentiary value in the eye of law. Several similarly situated co-accused have been enlarged on bail by different co-ordinate Bench of this Court. The petitioner has been languishing in custody since 30.01.2020. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Gaya in connection with Guraru P.S. Case No.100 of 2017.

(Anjani Kumar Sharan, J) Trivedi/- U T