Lalan Been v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56828 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- MANJHI District- Saran ====================================================== LALAN BEEN, aged about 40 years, Male, Son of Late Ramsurat Been @ Ramsurat Bin, Resident of Village - Salempur, P.S.- Manjhi, District- Saran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Bishwajeet Singh, Advocate.
For the Opposite Party :
Mr.Aditya Narayan Singh.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 307, 324 and 379/34 of the IPC.
The prosecution story, in brief, is that on the alleged date and time of occurrence, Sumitra Devi, informant and her family members were on door and co-accused Santosh Been was playing D.J. on high sound for which her husband told him to low down the volume of D.J. on which all 17 named accused persons including the petitioner, armed with Farsa, Garansi and Stick etc., came and assaulted them, as a result, several persons,
Patna High Court CR. MISC. No.56828 of 2019(2) dt.09-09-2019 2/3 namely, Deepak Kumar, Dipu Kumar, Sanjay Been, Ajay Kumar, Mamta Kumari, Rahul Kumar received injuries. She alleged that Deepak Kumar received head injuries and treated at Patna and she has also received injuries and accused persons snatched her ear-ring and Mangalsutra. Other injured are being treated at Manjhi P.H.C.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 01.07.2019. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Injury on the accused side has not been explained by the prosecution. Free fight is alleged to have taken place between the parties. Most of the injuries except one of the injuries received by Deepak Kumar, are said to be simple. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.
Patna High Court CR. MISC. No.56828 of 2019(2) dt.09-09-2019 3/3 Saran, in connection with Manjhi P.S. Case No. 142 of 2019. (Sudhir Singh, J) U.K./- U T