Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35821 of 2021 Arising Out of PS. Case No.-813 Year-2020 Thana- SONEPUR District- Saran ====================================================== LAL BABU SINGH Son of Khelari Singh Resident of Village - Sabalpur, P.S.- Sonpur, Dist.- Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Mushtaque Alam, APP For the Informant :

Mr. Rekha Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 302, 307, 379, 448, 504, 506, 323, 324, 325, 147, 148 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner came to the house and assaulted the informant and family members due to which they sustained injuries and later one of the injured succumbed to the injuries. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.35821 of 2021(3) dt.29-03-2022 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to have used the butt of the gun for causing injury on the waist of the deceased. There is no allegation of firing being made by the petitioner with the gun. The cause of death of the deceased is said to be head injury. The allegation of causing the head injury is alleged against the co-accused namely Upendra Singh and Kapil Singh. The main allegation is against the co-accused referred to above. From perusal of the F.I.R., it appears that the petitioner had no intention to commit murder of the deceased.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonpur P.S. Case No. 813/2020, subject to the conditions as laid down

Patna High Court CR. MISC. No.35821 of 2021(3) dt.29-03-2022 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T