Lalan @ Lalu @ Lalan Kumar Gupta @ Lalan Kr. Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44796 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -KAJRA District- LAKHISARAI ====================================================== LALAN @ LALU @ LALAN KUMAR GUPTA @ LALAN KR. GUPTA s/o Raja Ram Prasad, R/v Piri Bazar P.S. & Distt. Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Sharma For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 25.11.2016 in connection with Kajra P.S. Case No. 45 of 2016 for offences punishable under Sections 147, 148, 149, 353, 307 of the Indian Penal Code and Section 25 (1-b)A, 26, 27 and 35 of the Arms Act.

The prosecution case, as lodged by the police personnel is that during combing operation relating to kidnapping of two businessmen, who had come from Delhi to Patna by flight, for seeing some land for purchase, were kidnapped in connection Hawai Adda P.S. Case No. 170 of 2016, the police apprehended four persons including the petitioner. It is alleged that the

petitioner was a member of a gang, operating for kidnapping and ransom.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and that the main person, alleged to be king-pin, Ranjeet Mandal @ Ranjeet Don, has been granted privilege of bail in Hawai Adda P.S. Case No. 170 of 2015 and the allegation against the petitioner is that he was an associate of the said Ranjeet Mandal.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and as many as three cases are pending against him and some are of similar nature .

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional Chief Judicial Magistrate-III, Lakhisarai, in connection with Kajra P.S. Case No. 45 of 2016 subject to the condition that one of the bailors would be a close relative of the petitioner having

sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is also made clear that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds. (Nilu Agrawal, J) sushma/- U T