Patna High CourtCR. MISC./72623/2023allowed

Lalan Singh v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72623 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- KURSAILA District- Katihar ====================================================== LALAN SINGH S/O GIRISH PRASAD SINGH VILLAGE- AGUANI, PS. PURBATTA, DIST. KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. It is a case of assembling for commission of the offence and recovery of one mobile from the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. No incriminating article was recovered from the possession of the petitioner. The arms were recovered from another co-accused namely Mithu Kumar Jha

Patna High Court CR. MISC. No.72623 of 2023(2) dt.29-11-2023 2/2 and only one mobile was recovered from the petitioner which belongs to him. There is no direct or indirect evidence against him regarding involvement in any occurrence. Moreover, he is languishing in judicial custody since 20.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kurshela P.S. Case No.74 of 2023. (Sunil Kumar Panwar, J) lata/- U T