Lalan Singh Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10968 of 2025

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Arising Out of PS. Case No.-46 Year-2024 Thana- Karnamepur District- Bhojpur

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======================================================

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Lalan Singh S/o Ramnath Singh R/o Village- Mahuar, P.S- Nainijor, DistrictBuxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Kumar, Advocate For the State : Mr. Bhanu Pratap Singh, APP For the Informant : Mr. Raju Kumar Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 18-04-2025

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Heard Mr. Rahul Kumar, learned counsel for the petitioner, Mr. Raju Kumar Singh, learned counsel appearing on behalf of the informant as well as Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

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Petitioner seeks bail who is in custody since 20.11.2024 in connection with Karnamepur P.S. Case No. 46 of 2024, F.I.R. dated 16.11.2024 for the offences punishable under Sections 126(2), 103(1), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

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According to prosecution case, all the accused persons including this petitioner intercepted the informant and his nephew and started abusing them and on protest by the informant, co-accused, Saket Singh fired upon the nephew of the informant resulting into his death.

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Patna High Court CR. MISC. No.10968 of 2025(3) dt.18-04-2025 2/3

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. He further submits that there is no specific allegation against the petitioner rather the specific allegation of firing is attributed against the co-accused, namely, Saket Singh @ Pakachu Singh. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, coaccused, namely, Gopal Singh has been granted bail by this Court vide order dated 16.04.2025 passed in Cr. Misc. No. 15252 of 2025. The petitioner is in custody since 20.11.2024.

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The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, specific allegation of firing is against the co-accused persons and the similarly situated co-accused person has been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

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Patna High Court CR. MISC. No.10968 of 2025(3) dt.18-04-2025 3/3

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Additional Chief Judicial Magistrate 1^st Class, Bhojpur at Ara in connection with Karnamepur P.S. Case No. 46 of 2024, subject to the following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. 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.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Lalan Singh v. The State of Bihar

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Lalan Singh v. The State of Bihar

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