← Library
Patna High CourtCR. MISC./30787/2023allowed

Lalbabu Kumar @ Lalu Kumar v. The State Of Bihar

2023-06-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30787 of 2023 Arising Out of PS. Case No.-374 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Lalbabu Kumar @ Lalu Kumar, aged about 19 years, Son of Sanjay Yadav Resident of Village- Mahmudpur, PS- Paliganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Advocate For the State :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Paliganj P.S. Case No. 374 of 2022 dated 31.08.2022 registered for the offence punishable under Sections 341, 323, 307 and 302/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused persons assaulted the victim causing his death.

Learned counsel for the petitioner submits that the victim died due to cardiac disease and its complication as he was a patient of heart disease and taking advantage of old land dispute, the petitioner along with his family members have been implicated in this case. The petitioner is young boy of 19 years

Patna High Court CR. MISC. No.30787 of 2023(2) dt.15-06-2023 2/2 having no criminal antecedent and is in jail custody since 12.12.2022. Charge-sheet has already been submitted and there is no chance of his absconding or tampering with the evidence if released on bail. He has further submitted that the postmortem report does not corroborate the allegation of the prosecution story.

Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 374 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T