Patna High CourtCR. MISC./40401/2019allowed

Lalan Kumar v. The State Of Bihar

2019-09-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40401 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- HATHIDAH District- Patna ====================================================== 1.

Lalan Kumar 2.

Raj Kumar @ Raju Kumar Both Sons of Brajesh Kumar @ Brajesh Singh, Residents of VillageBarahpur, Police Station- Mokama, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mrs.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Hathidah P.S. Case No. 88 of 2018 for the offence under Sections 302, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners have been made accused in the instant case under the influence of son-in-law of uncle of the petitioner. He further submits that there is allegation of indiscriminate firing against these petitioners, but from the post-mortem of the dead body only one fire arm injury was found on the person of the deceased, which runs contrary to the prosecution case. The

Patna High Court CR. MISC. No.40401 of 2019(3) dt.27-09-2019 2/2 petitioners are in custody since 02.01.2019.

Considering the fact that the petitioners have remained in custody for more than 9 months and only one fire arm injury was found on the dead body, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Barh, Patna in connection with Hathidah P.S. Case No. 88 of 2018 with the condition that both of the bailors should be the elected representative of the local body.

(Anil Kumar Upadhyay, J) uday/- U T