Lalan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57289 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== LALAN KUMAR SINGH SON OF LATE RAMESHWAR PRASAD SINGH R/O VILLAGE- BANINIYA, WARD NO.2, P.S.- BANINIYA, DISTT.- SAPTARI, COUNTRY- NEPAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Andharamath PS case no. 42 of 2022 instituted for the offences punishable under Sections 25(1-b)a/ 26 of Arms Act. The informant is stated to have arrested the petitioner and upon search, two live cartridges were recovered from his pocket. It is also alleged that the petitioner had thrown a countrymade pistol on the ground which was also recovered by the informant.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 08.04.2022. The learned counsel for the petitioner has further submitted that

Patna High Court CR. MISC. No.57289 of 2022(2) dt.20-01-2023 2/2 the petitioner is having a fair antecedent, inasmuch as he is an accused only in one another criminal case, however, he is on bail in the said case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of S.D.J.M. Jhanjharpur, Madhubani in connection with Andhramath PS case no. 42 of 2022. (Mohit Kumar Shah, J) rinkee/- U T