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Patna High CourtCR. MISC./42671/2021bail granted

Lalan Kumar @ Lalan Yadav v. The State Of Bihar

2022-01-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42671 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- BIRPUR District- Supaul ====================================================== Lalan Kumar @ Lalan Yadav Son of Bindeshwari Yadav Resident of Ward No. 12, Kosikapur Village Jago Aragee, P.S. Birpur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Ajit Kumar Mr. Rajiv Shekhar Mr. Sanjeev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Birpur P.S. Case No. 85 of 2020, registered for the offence punishable under Sections 307, 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, all the FIR named accused persons including this petitioner variously armed gathered and on the instigation of co-accused Sushila Devi, co-accused Jagdish Karogiya and Manish Yadav fired, as a result of which nephew of informant died while husband of informant also received injury.

It is submitted on behalf of the petitioner that specific allegation of firing is against other co-accused persons and no

Patna High Court CR. MISC. No.42671 of 2021(2) dt.18-01-2022 2/2 specific overt act has been alleged against this petitioner. Petitioner claims clean antecedent and he is in custody since 08.02.2021. Investigation is complete.

Counsel for the informant opposed the prayer for bail and submitted that petitioner was one of the participants in the alleged occurrence.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Additional Chief Judicial Magistrate I, Birpur, Supaul in connection with Birpur P.S. Case No. 85 of 2020. (Prabhat Kumar Singh, J) vinita/- U T