Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37079 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== LALAN SINGH Son of Bharat Singh Resident of Village - Gopalpur, P.S.- Chanan, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 307, 353, 120(b) of the Indian Penal Code and Sections 25(1-b), 26, 27, 35 of the Arms Act and Sections 16/18/20 of U.A.P. Act.

Allegation is regarding the special force i.e. Cobra force of the police having arrived at the place of occurrence and firing is said to have taken place from both the sides and when the firing had stopped, the Cobra team had recovered huge amount of arms and ammunition and had also found huge

Patna High Court CR. MISC. No.37079 of 2020(2) dt.14-07-2021 2/3 amount of blood spread at the said place, however, one accused Manish Kumar was apprehended by the said team and he is stated to have named 74 naxalites and other Maoists and one of them is stated to be the petitioner herein.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case on disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Other co-accused persons have been granted anticipatory bail vide Annexure 2 to the present application by a co-ordinate Bench of this Court. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. case No.115 of 2019, subject to the conditions as

Patna High Court CR. MISC. No.37079 of 2020(2) dt.14-07-2021 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T