Lalan Kumar Das @ Lalan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65629 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Lalan Kumar Das @ Lalan Kumar S/O Ram Narayan Sah R/O VillageParsarma, P.O- Parsarma, P.S- Supaul, Distt.- Supaul, State- Bihar, Pin852130. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Jha, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, in the present case, is seeking prearrest bail in connection with Supaul P.S. Case No.178 of 2023 registered for the offences punishable under Sections 341, 323, 354(B), 504, 506 and 379/34 of the Indian Penal Code. The petitioner has got no criminal antecedent.
3. As per the prosecution story, on 26.02.2023 at about 6.30 pm all the accused persons including this petitioner came lashed with various weapons at the land of the informant and started abusing and assaulting him. It is alleged that when his wife came to rescue him, then she was also assaulted by slaps and fists. It is further alleged that the petitioner Lalan
Patna High Court CR. MISC. No.65629 of 2023(2) dt.18-10-2023 2/3 Kumar Das pointed the pistol on the chest of the informant and threatened that if he will not acquit the land, he will be finished. It is then alleged that one Ramnarayan Sah snatched Rs.10,000/- from the pocket of the informant and Baidyanath Sah snatched golden chain from the neck of his wife.
4. Learned counsel for the petitioner submits that there is a general and omnibus allegation against the petitioner. It is submitted that the petitioner has no criminal antecedent and he has been falsely implicated in this case
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the uncontroverted submission of learned counsel for the petitioner that there is a general and omnibus allegation against the petitioner, he has no criminal antecedent and has been falsely implicated in this case, this Court directs that in case of his arrest/surrender within a period of six weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Supaul P.S. Case No. 178 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.65629 of 2023(2) dt.18-10-2023 3/3
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) arvind/- U T