Lalu Bhagat @ Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90337 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

Lalu Bhagat @ Lalan Kumar Son of Mahendra Bhagat @ Mahindar Bhagat Resident of Village - Harpurwa (wrongly stated in the F.I.R. R/o Village - Balua Tola), P.S. -Bajpatti, District - Sitamarhi 2.

Md. Amirul @ Amirul Hasan @ Amirul Son of Ajijul @ Md. Wajul@ Md. Azizul Resident of Village - Harpurwa (wrongly stated in the F.I.R. R/o Village - Balua Tola), P.S. -Bajpatti, District - Sitamarhi 3.

Makhdoom Mansoori @ Makhdoom Mansoori @ Md. Makhdoom Mansoori Son of Mansur Mansoori @ Md. Mansoor Mansoori Resident of Village - Harpurwa (wrongly stated in the F.I.R. R/o Village - Balua Tola), P.S. -Bajpatti, District - Sitamarhi 4.

Jasim @ Md. Jasim Mansoori @ Md. Jasim @Md. Zasim Son of Sukhari Mansoori @ Md. Hussain Mansoori Resident of Village - Harpurwa, P.S. -Bajpatti, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Santosh Kumar, Advocate For the State :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsels for the parties.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks permission to withdraw the anticipatory bail application on behalf of Petitioner Nos. 3 and 4 as during pendency of this case, Petitioner Nos. 3 and 4 have already been arrested and the same has become infructuous.

Patna High Court CR. MISC. No.90337 of 2024(3) dt.29-01-2025 2/3

3. Permission, as prayed for, is accorded.

4. Accordingly, this anticipatory bail application on behalf of Petitioner Nos. 3 and 4, named above, stands dismissed as withdrawn.

5. Petitioner Nos. 1 and 2 apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 332, 353, 435 and 427 of the Indian Penal Code.

6. As per prosecution case, it is alleged that while the informant and other police personnel were taking away the injured persons on a truck, these petitioners, along with other F.I.R. named accused persons and 95 unknown persons, blocked the road and set the truck on fire.

7. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and has falsely been implicated in this case merely on suspicion. There are general and omnibus allegations against these petitioners.

8. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is specific accusation that they, along with other accused person, blocked the road and set the truck on fire.

9. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.90337 of 2024(3) dt.29-01-2025 3/3 and nature of accusation, the prayer for grant of anticipatory bail to Petitioner Nos. 1 and 2 is rejected.

10. Accordingly, this application stands disposed of. (Prabhat Kumar Singh, J) shashank/- U T