Lutan Kumar Ray @ Lutan Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49663 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- MANIHARI District- Katihar ====================================================== Lutan Kumar Ray @ Lutan Kumar Roy, aged about 24 years, Gender-M, S/O Lalan Kumar Ray @ Lalan Kumar Roy, R/O Village- Manoharpur, P.SManihari, Distt.- Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimal Kumar, Advocate For the Opposite Party :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 This matter has been listed under the heading 'For Orders (on office notes)'.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks bail in connection with Manihari P.S. Case No. 91 of 2024 dated 21.04.2024 registered for the offences punishable under Sections 341, 323, 387, 307, 506, 504, 386 of the I.P.C. and Section 27 of the Arms Act.

4. As per the prosecution case, on 21.04.2021, the informant was running his grocery shop, in the meantime, the petitioner came on his motorcycle and demanded chilled water

Patna High Court CR. MISC. No.49663 of 2024(3) dt.21-08-2024 2/3 from him, when he told him that he had no cold bottle of water, he forcibly entered the shop and took bottle. When he asked him to give money, he fired bullet on him with intent to kill him but luckily he was saved. On hearing alarm, his father and other local people came there, thereafter, the petitioner fled away.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that both parties are co-villagers. It is further submitted that the learned court below has mentioned that the offence of the petitioner was recorded in CCTV footage but in the present case, charge sheet has been submitted on 16.05.2024 itself but the I.O. has not verified the CCTV footage in any F.S.L. Laboratory. No incriminating article has been recovered from the possession of the petitioner or from his house. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.05.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond

Patna High Court CR. MISC. No.49663 of 2024(3) dt.21-08-2024 3/3 of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Katihar in connection with Manihari P.S. Case No. 91 of 2024.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T