Lallu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62594 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- SARE District- Nalanda ====================================================== LALLU KUMAR S/O SURENDRA PRASAD @ SURENDRA PRASAD R/O VILLAGE- FAGGU BIGHA, P.S- SARE, DISTT.- NALANDA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Sinha For the Opposite Party/s :
Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sare Police Station Case No. 93 of 2023, disclosing offences under Sections 147, 148, 149, 341, 342, 323, 337, 338, 307, 504, 506, 427, 114, 115, 109, 143 and 120(B) of the Indian Penal Code.
3. As per the First Information Report, two groups were fighting. One group was Nitish group and the other group was Nago group. The petitioner is said to be the member of the Nitish group. They exchanged firing, pelted stones upon each other, due to which one motorcycle of Rajesh Yadav got damaged. Altogether, thirty persons are named in the First Information Report and twenty to twenty five unknown persons
Patna High Court CR. MISC. No.62594 of 2023(2) dt.17-10-2023 2/3 were there from both sides.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to village politics and he was not indulged in any fight between the two groups in the village. He further submits that the petitioner is a person with clean antecedent and from perusal of the First Information Report, it is evident that no empty cartridge was recovered from the place of occurrence. Nobody has sustained injury in the alleged brick batting and the firing between the two groups.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is a person with clean antecedent, nobody has sustained injury in the alleged firing and brick batting between the two groups, accordingly, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, Lallu Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at
Patna High Court CR. MISC. No.62594 of 2023(2) dt.17-10-2023 3/3 Biharsharif, in connection with Sare Police Station Case No. 93 of 2023, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T