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Patna High CourtCR. MISC./26612/2017bail granted

Lallu @ Lalan Kumar @ Lalan Kumar Dealer @ Lalan Prasad Verma v. The State Of Bihar

2017-07-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26612 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Lallu @ Lalan Kumar @ Lalan Kumar (Dealer) @ Lalan Prasad Verma, Son of Sita Mahto, Resident of Village- Jorarpur, P.S.- Deepnagar, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Chandra, Advocate. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Deepnagar P.S. Case No. 80 of 2017 instituted for the offence under Sections 147, 148,149, 341, 323, 338, 332, 333, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act As per written report, on the date of occurrence, the petitioner and other named accused along with 100-150 persons started firing and pelting stones upon the police party due to which some police personnel sustained injury.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against the petitioner. It has further been submitted that informant has sustained injury which is simple in nature. The injury report is enclosed as Annexure-3.

Patna High Court Cr.Misc. No.26612 of 2017 (2) dt.06-07-2017 2/2 From the written report itself it appears that there is no specific allegation of overt act against the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Deepnagar P.S. Case No. 80 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manvendra Mishra, Judicial Magistrate, 1st Class, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T