Lalan Yadav @ Lalan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4949 of 2019 Arising Out of PS. Case No.-277 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Lalan Yadav @ Lalan Kumar Yadav, Aged about 24 years (male), Son of Bhumi Yadav, Resident of Village-Bhokraha, P.S.- K. Nagar, District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 17.09.2018 in a case registered for the offences punishable under Sections 399 and 402 of the IPC and Section 25(1-B)a, 26 and 35 of the Arms Act.

The prosecution case, as per the self statement of Santosh Kumar Nirala, S.H.O. of K. Hat P.S. dated 27.04.2018 is to the effect that on the same day at about 03.35 P.M., the informant was investigating a case in the housing board colony when he received information that some miscreants are planning to

Patna High Court Cr.Misc. No.4949 of 2019(2) dt.30-01-2019 2/3 commit dacoity, whereupon the informant along with other police personal reached at the housing board colony and found that three motorcycles were parked near the quarter number 203 and some persons were also standing their. On seeing the police party, they started fleeing away and on chase being made, three accuses persons, namely Rahul Kumar Singh, Aman Kumar Singh and Hemant Yadav were apprehended. From their possession, arms, live cartridges, a motorcycle and other articles were recovered and they also confessed that they were going to commit theft. The apprehended accused persons disclosed the name of the petitioner as a person who escaped from the scene.

It is submitted by the learned counsel for the petitioner that the confessional statement of the apprehended person is not of much value and in fact, no recovery has been made from the physical possession of the petitioner. It is further submitted that the investigation has already been concluded. Learned APP for the State submits that the name of the petitioner sprang up on the confession of the apprehended coaccused persons.

Patna High Court Cr.Misc. No.4949 of 2019(2) dt.30-01-2019 3/3 named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Purnea in connection with K. Hat P.S. Case No.277 of 2018.

Since the petitioner is involved in two other cases of similar nature, the learned Court below would be at liberty to cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions or gets involved in similar nature of offence.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T