Patna High CourtCR. MISC./61023/2023dismissed

Lallu Kumar @ Lalu Kumar v. The State Of Bihar

2023-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61023 of 2023 Arising Out of PS. Case No.-260 Year-2023 Thana- KANKARBAG District- Patna ====================================================== Lallu Kumar @ Lalu Kumar Son Of Munna Ray Resident Of Village-East Indira Nagar, Road No. 1, PS- Kankarbagh, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Prasad Yadav No.1 For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Kankarbagh P.S. Case No. 260/2023, registered for the offences punishable under Section 147, 148, 149, 323, 384, 504, 447, 307, 506 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is that he along with other accused persons came to the house of the informant and made indiscriminate firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is general and omnibus in allegation against the petitioner.

5. Learned APP for the State vehemently and learned counsel for the informant opposes the bail application and

Patna High Court CR. MISC. No.61023 of 2023(3) dt.13-10-2023 2/2 submits that the petitioner is the main assailant. He further submits that the two co-accused have already granted bail by a coordinate Bench of this Court vide order dated 21.08.2023 passed in Cr. Misc. No. 54520 of 2023.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Ranjeet/- U T