Lallu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47455 of 2019 Arising Out of PS. Case No.-282 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Lallu Sah Son of Biji Sah Resident of Village - Rafipur, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Hussainganj P.S. Case No. 282 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code. Later on section 302 of the Indian Penal Code was also added.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner is not named in the F.I.R. Name of the petitioner has come in this case on the basis of statement of Anil Kumar Prasad, brother of deceased Sunil Kumar Prasad. No incriminating article has been recovered from possession of this petitioner. There is nothing on record which shows complicity of this petitioner in the alleged crime. Charge-sheet has already been submitted. Moreover, some of the co-accused have been granted bail by different Benches of this court vide

Patna High Court CR. MISC. No.47455 of 2019(5) dt.22-10-2019 2/2 order dated 04.02.2019 passed in Cr. Misc. 6101 of 2019 and order dated 25.04.2019 passed in Cr. Misc. No. 8021 of 2019 vide Annexure-2. Petitioner is in custody since 24.01.2019 having clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 the learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 282 of 2018 subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T