Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21415 of 2019 Arising Out of PS. Case No.-1278 Year-2018 Thana- BIHTA District- Patna ====================================================== Lalu Kumar Son of Umesh Rai @ Umesh Kumar Singh, Resident of VillageBela, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2019 Heard both sides.

The petitioner apprehends his arrest in Bihta P.S. Case No.1278 of 2018 registered under Sections 354B, 323, 324 and other minor sections of the Indian Penal Code. The informant disclosed in her written statement that her under construction house was being demolished, on such the informant along with her sister, grand parents went to the place of occurrence. Petitioner and eight other accused persons came there. They are armed with different weapons and they started demolishing the house. On protest, the petitioner and other accused persons are alleged to have assaulted the informant, her sister and grand parents.

Learned counsel for the petitioner submits that prior to institution of the present case, a case was lodged against the

Patna High Court CR. MISC. No.21415 of 2019(2) dt.05-04-2019 2/2 father of the informant and father of informant was sent to jail. There is a bonafide land dispute between the two sides. No injury was found on the person of informant and others. The informant lodged the case making false and frivolous allegation. Similarly situated accused persons have been granted anticipatory bail by order dated 04.02.2019 passed in Cr. Misc. No.5856 of 2019. The case of the petitioner stands on same footing.

Having considered the facts aforesaid and the fact that similarly situated accused persons have already been granted anticipatory bail by a coordinate bench of this court, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Bihta P.S. Case No.1278 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Harish/- (Prabhat Kumar Jha, J) U T