Lalu Kumar @ Lalu Prasad @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65446 of 2021 Arising Out of PS. Case No.-278 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== LALU KUMAR @ LALU PRASAD @ AMAN KUMAR Son of Satyendra Prasad @ Satyendra Kumar Resident of Village - Nekpur, P.S.- Chhabilapur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code.

As per the prosecution case, an accused namely Chandan Kumar was caught stealing a motorcycle and it is stated that he took the name of his accomplices including the petitioner herein.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession nor was he arrested at the spot. The only material against him is the statement of co-accused Chandan Kumar made before police

Patna High Court CR. MISC. No.65446 of 2021(2) dt.07-12-2021 2/2 which is inadmissible. The petitioner is in custody since 28.8.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

It is further submitted that urgency in taking up the matter out of turn is that the petitioner is to appear in the B.A. Part II (Hons.) examination to be conducted by the Patliputra University which is to be held from 9.12.2021 to 21.12.2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Rajgir P.S. Case no.278 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.

(Partha Sarthy, J) Saurabh/- U T