Lallan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59585 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== Lallan Kumar S/O Late Vishwanath Rai R/O Village-Dahiya, P.SBhagwanpur, District-Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithilesh Kumar, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 207 of 2020 instituted for the offences under Sections 302, 120(B0 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.06.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that the said case mentioned at paragraph '3' of the bail application was instituted by the present informant.

Learned counsel for the petitioner submits that the informant alleges that he along with his wife had gone to

Patna High Court CR. MISC. No.59585 of 2021(2) dt.10-03-2022 2/3 hospital for operation of his daughter and when he came back from hospital, he saw that his son Rahul was killed, thus on basis of suspicion alleges that the petitioner in 2015 had killed his son Rohit on account of a land dispute for which Mansur Chak P.S. Case No. 33 of 2015 was instituted and thus suspects the hands of the petitioner in killing of his son Rahul. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and from perusal of the allegation as alleged in the F.I.R. it would manifest that except for suspicion, there is nothing against the petitioner. Learned counsel submits that since the petitioner was implicated in killing of Rohit earlier by the informant that cannot form basis of his implication in the present case and that too based on suspicion.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.59585 of 2021(2) dt.10-03-2022 3/3 satisfaction of learned C.J.M., Begusarai in connection with Bhagwanpur P.S. Case No. 207 of 2020.

(Satyavrat Verma, J) Rishi/- U T