Patna High CourtCR. MISC./84605/2023allowed

Lallu Singh v. The State Of Bihar

2024-01-23Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84605 of 2023 Arising Out of PS. Case No.-37 Year-2000 Thana- BARHARA KOTHI District- Purnia ====================================================== Lallu Singh, Son of Late Janaklal Singh R/O Village- Orlaha, P.S.- B. Kothi (Raghubansh Nagar), Dist.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Barhara (Raghubansh Nagar) P.S. Case No. 37 of 2000 for the offences registered under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution case, on the date of occurrence at 1.30 AM petitioner along with other accused persons shot dead the uncle of the informant when he was sleeping.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Police did not collect any material against the petitioner and submitted final form after investigation on 25.06.2005, but

Patna High Court CR. MISC. No.84605 of 2023(2) dt.23-01-2024 2/2 the learned Trial Court took cognizance against the petitioner without any evidence. There is nothing against the petitioner to implicate him after more than 15 years from the date of F.I.R. and 13 years from the date of submission of final form. He further submits that petitioner has no criminal antecedent. He is in custody since 22.09.2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Barhara (Raghubansh Nagar) P.S. Case No. 37 of 2000.

(Sunil Dutta Mishra, J) rakhi/- U T