Lal Gulab @ Lala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30651 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- THARTHARI District- Nalanda ====================================================== Lal Gulab @ Lala Son Of Surendra Prasad Resident of Village-Golapur, Police Station-Deepnagar, District-Nalanda.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Tharthari P.S. Case No. 12 of 2022 registered for the offences under Section 414 of the Indian Penal Code and Sections 25(1b)a/26/35 of the Arms Act As per the prosecution's story the police got the information that the accused persons had gathered at the place of occurrence with an intention to make preparation to commit offence of loot and thereafter the police personnel raided the house of co-accused Manoj Paswan and the petitioner and two
Patna High Court CR. MISC. No.30651 of 2022(2) dt.24-08-2022 2/3 co-accused persons were apprehended and from the possession of this petitioner two live cartridges and two mobile phones were recovered and from the possession of other co-accused persons some fire-arms and mobile phones were recovered and thereafter in following with the information given by the accused persons a looted motorcycle was also recovered near the house of co-accused Ravish Kumar.
The main submissions advanced by learned counsel Mr. Anil Kumar Singh for the petitioner are that in the present case the petitioner is alleged to have possessed two live cartridges and two mobile phones and the same have been shown as having been recovered from his possession and regarding the recovery of the alleged motorcycle a separate P.S. case bearing Hilsa P.S. Case No. 5 of 2022 has been lodged against this petitioner and co-accused in which the petitioner has been granted bail by the Court below and against the petitioner there are criminal antecedent of two cases in which the petitioner has been granted bail during the pendency of this criminal miscellaneous petition and accordingly he is on bail in the said criminal antecedent cases. Further submission is that in the present case the petitioner has been languishing in jail since 12th January, 2022.
Patna High Court CR. MISC. No.30651 of 2022(2) dt.24-08-2022 3/3 Learned APP Mr. Umanath Mishra appearing for the State has opposed the bail prayer.
Having considered the above submissions and mainly taking into account the petitioner's custody period, in my view a lenient approach can be taken in respect of petitioner's prayer, let the 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 the concerned Court in connection with Tharthari P.S. Case No. 12 of 2022.
(Shailendra Singh, J.) sangam/- U T