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

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.54339 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Lalan Kumar Singh @ Lalan Singh S/O Late Rambaran Singh Resident of village- Phulmalik Ward No- 04, P.S.- Sahebpur Kamal District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the Stamp Reporter within two weeks.

Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Sahebpur Kamal P.S. Case No. 140 of 2022 registered for the offences under Section 25(1-b)a, 26 of the Arms Act. He is in custody since 26.05.2022 having no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that while he along with other police personnel were on patrolling duty, he got information that one Lalan Kumar Singh (petitioner) having armed with arms and weapons has

Patna High Court CR. MISC. No.54339 of 2022(2) dt.16-12-2022 2/3 surrounded the house of his brother namely Dayanidhi Patel who happens to be the Ex-Mukhiya of the village, thereafter he reached at the house of Dayanidhi Patel. The informant further alleged that when the police party reached near Shiv Temple they saw huge crowd of people, on seeing the police some persons were tried to flee away, then police stopped one old aged person, in the meantime, one Niraj Kumar has produced one country made pistol to the police which has been snatched from Lalan Kumar Singh. Lalan Kumar Singh was brought to the police station for interrogation. The informant further alleged that said Lalan Kumar Singh was demonstrating the arms and weapons at the house of Dayanidhi Patel and abusing him.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Petitioner is 60 years old person and is in custody since 26.05.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Having regard to the submission that the petitioner is 60 years old and allegedly there is no recovery of country made Katta from his conscious possession and he is in custody since 26.05.2022, investigation against him is complete and there

Patna High Court CR. MISC. No.54339 of 2022(2) dt.16-12-2022 3/3 being no submission that his release is likely to result in tampering with the evidence or interfering with the course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 140 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) Rajeev/- U T