Lav Singh @ Lav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52439 of 2022 Arising Out of PS. Case No.-353 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== LAV SINGH @ LAV KUMAR SINGH Son of Surendra Singh Resident of Village - Barka Bakuliya, Police Station - Ghorasahan, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Rajeev Nayan App. 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-03-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Ghorasahan P.S. Case No. 353 of 2021, registered for the offences punishable under Sections 302, 120 (B)/34 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation, two brothers of the informant were murdered in Nepal by Maowadis. Due to fear, the deceased migrated to West Champaran and was residing there. He was

Patna High Court CR. MISC. No.52439 of 2022(3) dt.15-03-2023 2/3 engaged in the business of land brokage and there was some enmity between the deceased and the accused persons Ranju Devi, Hari Kishore Singh, Himanshu Singh and also with the petitioner for transaction of money. The deceased himself had apprised this fact to the informant and family members. When the informant got the information of murder of his brother, he came to Motihari and identified his dead body. He learned that the accused persons named in the FIR including the petitioner was involved in murder of the deceased.

The learned counsel for the petitioner has submitted that at the time of occurence, the informant was not present in Motihari. He was present in Nepal. He got information through whatsapp message. The name of the petitioner figured in confessional statement of co-accused Neeraj Kumar, who has been granted bail by the co-ordinate Bench of this Court.

On the other hand, the learned APP, Sri Shailendra Kumar has submitted that the witnesses in paragrapher nos. 5 to 8 and 10 of the case diary have named the petitioner. He also drew attention towards confessional statement of co-accused Neeraj Kumar mentioned in paragraph no. 9 of the case diary in which he has stated that the deceased had kidnapped the sister

Patna High Court CR. MISC. No.52439 of 2022(3) dt.15-03-2023 3/3 of the petitioner and the petitioner, in retaliation, made plan to eliminate the deceased. He procured two country made pistol and 12 cartridges.

It appears that the witnesses have named the present petitioner. The investigation is going on. As such, I am not inclined to release the petitioner on bail. Accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T