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Patna High CourtCR. MISC./24177/2022bail granted

Laxman Kumar Singh @ Laxman Singh v. The State Of Bihar

2023-01-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24177 of 2022 Arising Out of PS. Case No.-137 Year-2016 Thana- LALGANJ District- Vaishali ====================================================== LAXMAN KUMAR SINGH @ LAXMAN SINGH Son of Nand Kishor Singh Resident of village - Rampur Baghel, P.S.- Desari, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 120B of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, it is stated by the informant that on information having been received about movement of maoist, on search, a loaded country made pistol was recovered from possession of accused Pramod Paswan. It is further stated that on enquiry, it transpired that with respect to giving effect to an occurrence, the petitioner who was in custody had provided men to carry out the killing.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The

Patna High Court CR. MISC. No.24177 of 2022(3) dt.12-01-2023 2/2 only material against him is some statement of a co-accused made before police. On the alleged date of occurrence, the petitioner was in custody. He is in custody since 18.8.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R. together with the petitioner having remained in custody for 2 years 4 months since 18.8.2020 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Lalganj P.S. Case no.137 of 2016 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Saurabh/- U T