Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63144 of 2022 Arising Out of PS. Case No.-327 Year-2022 Thana- FALKA District- Katihar ====================================================== Lalan Singh Son of Dinesh Singh R/O- Kohbara, P.S.- Falka (Pothia), Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Informant :

Mr.Bhola Pd.

For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2023 Heard counsel for the petitioner, counsel for informant and the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, all the FIR named accused persons including petitioner started construction over the land of the wife of younger brother of informant. When the informant protested, all the accused persons started assaulting him and when his nephew Pankaj Singh came to save him, he was also assaulted by one Baban Singh by Sword and Gagan Singh by sharp cutting weapon. Gagan Singh assaulted Gopal Singh another nephew of informant by means of Bhala.

Patna High Court CR. MISC. No.63144 of 2022(2) dt.17-03-2023 2/2 It is submitted that petitioner has been falsely implicated in this case. Specific accusation of assault is against co-accused Baban Singh who assaulted Pankaj Singh nephew of informant by means of Sword causing grievous injury to him. So far as this petitioner is concerned, there is general and omnibus allegation against him. Petitioner claims clean antecedent.

Counsel for informant vehemently opposed the prayer for bail and submitted that this petitioner along with co-accused committed the offence as a result of which three persons sustained injuries.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Falka (Pothia) P.S. Case No. 327 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T