Lallan Prasad Singh v. Te State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34611 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- NAYA RAM NAGAR District- Munger ====================================================== LALLAN PRASAD SINGH Son of Late Vindeshwar Prasad Singh Resident of Mohalla - Amola Colony, Jamalpur, P.S. - Jamalpur, District - Munger. ... ... Petitioner/s

Versus

TE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Naya Ram Nagar P.S. Case No. 24 of 2021 registered for the offence under Sections 341, 323, 120(B), 326, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner along with his associates are said to have conspired to kill the informant.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is

Patna High Court CR. MISC. No.34611 of 2021(2) dt.02-12-2021 2/3 innocent and has falsely been implicated in this case. In fact, the petitioner has been made accused in this case on the basis of suspicion only and no specific allegation of any overt act committed by him is attributed to him. As a matter of fact, the petitioner being the Principal in-charge of the college in question has simply reported to higher authorities about the present injured, who is also an employee of the said college, as he was not regularly attending the college on time and on account of same, this petitioner has been implicated in this case. No cogent material has come during course of investigation against the petitioner. The petitioner is rotting in judicial custody since 28.01.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released 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.-I, Munger in connection with Naya Ram Nagar P.S. Case No. 24 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.34611 of 2021(2) dt.02-12-2021 3/3 be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T