Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30442 of 2023 Arising Out of PS. Case No.-308 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== Lalu Kumar Son Of Salat Rai Resident Of Village- Sabnima, P.S.- Athamalgola, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 394, 302 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged by the informant that while he was going by his motorcycle, three unknown criminals stopped him and robbed the mobile. The accused persons also shot at the informant, as a result of which,

Patna High Court CR. MISC. No.30442 of 2023(3) dt.01-08-2023 2/3 he succumbed to the injury during treatment.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Raushan Kumar @ Aryan. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. There is no eye witness to the occurrence. The petitioner is languishing in custody since 07.09.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.30442 of 2023(3) dt.01-08-2023 3/3 Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 308 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T