Lalit Yadav @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 7174 of 2020 Arising Out of PS. Case No.-546 Year-2019 Thana- MASAUDHI District- Patna ====================================================== LALIT YADAV @ BIRENDRA KUMAR Son of Bihari Yadav @ Bihari Prasad Resident of Village - Salempur, P.S.- Karauna O.P., Jehanabad, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-07-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Masaurhi Police Station (for brevity, PS) Case No 546 of 2019 instituted for the offence punishable under Section(s) 341, 504, 506, 147, 149, 384, 385 of Indian Penal Code.

Patna High Court CR. MISC. No.7174 of 2020(3) dt.02-07-2020 2/3 The informant has alleged that the petitioner and other coaccused, who have been named, have been pressurizing the informant either to register the land of Tarpura in favour of the accused persons or to pay Rs 25 lacs as ransom. It is submitted by the petitioner's counsel that the first information report has been lodged belatedly. The same shows the falsity of the allegations. There is no injury attributed to the petitioner neither there is any payment of ransom. On account of his proximity with co-accused Arun Singh, with whom the informant has enmity, the petitioner has been implicated in this case as well as Masaurhi PS Case No 553 of 2019, earlier lodged by one of the Gotiya of the informant. Other coaccused, namely, Vibhuti Kumar Vatsa @ Bibhuti Kumar @ Bibhuti Kumar Vats has been allowed anticipatory bail by this Court in Cr Misc No 79323 of 2019.

The learned APP has opposed the prayer for bail. Considering the aforesaid facts, prayer of petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the Court below, within four (04) weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.7174 of 2020(3) dt.02-07-2020 3/3 satisfaction of Judicial Magistrate, 01st Class, Masaurhi in connection with Masaurhi PS Case No 546 of 2019 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T