← Library
Patna High CourtCR. MISC./69407/2023bail granted

Lalan Singh v. The State Of Bihar

2023-11-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69407 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Lalan Singh Son Of Bharat Singh Resident Of Village- Gopalpur (Mananpur Basti), PS- Chanan, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 364(A)/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 16, 18, 20 of the U.A.P. Act.

3. As per the prosecution case, all the F.I.R. named accused persons including this petitioner kidnapped Ramji Yadav and his son Dhramveer Yadav from the house for ransom.

4. It is submitted on behalf of petitioner that informant is not eye-witness of the occurrence and only on suspicion, he has been made accused in this case. It is further submitted that on the next date of occurrence, Dhramveer Yadav was released by the accused persons and later on, Ramji Yadav was also released, but neither of them were examined by the

Patna High Court CR. MISC. No.69407 of 2023(2) dt.01-11-2023 2/2 police/I.O. under Section 161 Cr.P.C. nor their statement was recorded under Section 164 Cr.P.C. It is further submitted that similarly situated co-accused Manoj Kora, having identical allegation, has been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 27.03.2023 passed in Cr.Misc. No. 39977 of 2022 (Annexure - 2 to the petition).

5. Learned A.P.P. for the State has opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned A.C.J.M. 1st, Lakhisarai in connection with Chanan P.S. Case No. 13 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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