Lalu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52252 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- TERHAGACHH District- Kishanganj ====================================================== LALU KUMAR SAH S/o Bhola Sah Resident of Village- Kaliyaganj, P.S.- Palasi, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 414, 419, 420, 468/34 of the Indian Penal Code.

As per the prosecution case, a motorcycle was recovered from the house of the co-accused Kailash Mahto which was given to him by the petitioner to sell it as stated by the co-accused.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He has submitted that the name of the petitioner has surfaced in this

Patna High Court CR. MISC. No.52252 of 2022(2) dt.12-01-2023 2/2 case on the disclosure of the co-accused Kailash Mahto. He further submitted that nothing has been recovered from the possession of the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Kishanganj in connection with Terhagachh P.S. Case No. 40 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T