Lalan Singh @ Lalan Pd. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47449 of 2021 Arising Out of PS. Case No.-27 Year-2012 Thana- MADHUBAN District- East Champaran ====================================================== Lalan Singh @ Lalan Pd. Singh Son Of Sri Harendra Singh Resident Of Village- Dubahan, P.O.- Krishna Nagar, P.S.- Dubaha Dostia And District East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Griyaghey For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420 and 379 of the Indian Penal Code and Section 40 of Bihar Mines and Minerals Rules, 1972.

As per FIR, petitioner runs brick-kiln illegally which is prohibited by the Indian Government.

It is submitted by learned counsel for the petitioner that petitioner is innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits

Patna High Court CR. MISC. No.47449 of 2021(2) dt.25-04-2022 2/2 that occurrence took place in the year 2012 but till date no summons have been issued to the petitioner. He submits that petitioner has no brick-kiln anywhere. He submits that similarly situated co-accused has been granted regular bail by the learned court below itself. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, I am not inclined to enlarged the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Madhuban P.S. Case No. 27 of 2012. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below in accordance with law.

(Anjani Kumar Sharan, J) devendra/- U T