Lakhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34208 of 2020 Arising Out of PS. Case No.-20 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== LAKHAN KUMAR, Son of Ram Pratap Mahto, Resident of Village - Jogaulia Tola Kaswa Gulab Khan, P.S.- Madhuban, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-02-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 307 and 120B/34 of the Indian Penal Code.

According to F.I.R., the son of the informant left the house along with others, however he did not return. Later on informant got information that someone has slit the throat of the son of the informant. The injured was taken to the hospital for treatment. Suspicion is that for land dispute, Shambhu Prasad and others might have committed the crime alleged. In the statement of the injured recorded under Section 161 Cr.P.C., it is stated that co-accused Ajit and this petitioner as well as Bittu Prasad and Arun Kumar are in collusion and no Yadav of village Mahanwa has committed the crime.

Patna High Court CR. MISC. No.34208 of 2020(3) dt.22-02-2021 2/2 Considering the fact that there is no specific attribution against the petitioner in the statement of the injured before the police, the doctor has found single sharp cut injury, petitioner is in custody since 17.02.2020, petitioner has got no criminal antecedent as well as considering the completion of investigation and no material to substantiate that the petitioner is going to tamper with the evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Madhuban P.S. Case No. 20 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T