Lakhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63370 of 2024 Arising Out of PS. Case No.-302 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Lakhan Singh, male, aged about 28 years, son of Ram Pravesh Singh villageMatihani Madho, Police Station- Mirganj, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raghav Prasad, Advocate For the Opposite Party :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for an offence punishable under Sections 302, 120(b), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, on 05.08.2023 in the morning, son of the informant, namely, Prince Kumar Soni left the house on motorcycle to sell the ornaments. After sometime, co-villager, Deepak informed that her son has been killed by unknown persons and when informant with other family members reached there it has been informed that three unknown persons have killed his son.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He next submits that petitioner is not named in the FIR. Petitioner is in custody since 09.10.2023.

Patna High Court CR. MISC. No.63370 of 2024(5) dt.28-02-2025 2/2

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner has four criminal antecedents as stated in para-3 of the bail petition and he also submits that it appears from paragraph-34 of the case diary, in Mirganj P.S. Case No.303 of 2023 that the arrested accused (present petitioner) Lakhan Singh has been arrested with TVS star Motorcycle bearing Registration No. BR28AA0302 and with one firearm, and it is also stated that the said motorcycle and firearm were used in the present occurrence.

6. On perusal of the first information report, case diary, post-mortem report of the deceased and impugned order dated 21.06.2024, it appears that the motorcycle which was used in the present occurrence, has been recovered from the petitioner and there is prima-facie involvement of the petitioner, and since there is serious allegation against the petitioner for committing the murder of the deceased, so I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected (Ramesh Chand Malviya, J) Brajesh Kumar/- U T