Lalan Yadav @ Lalo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8485 of 2015 Arising Out of PS.Case No. -247 Year- 2013 Thana -BARH DistrictPATNA ====================================================== Lalan Yadav @ Lalo S/o Naresh Yadav Resident of Village Basobagi, P.S. Barh, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava, Adv. For the Opposite Party/s : Mr. Surendra Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2015 Heard both sides.

The petitioner seeks bail in Barh P.S. Case No. 247 of 2013, registered for the offences punishable under Sections 302 and other Sections of the Indian Penal Code.

The informant and his brother-in-law (Sanjay Singh) were coming to Berhna village. They saw the petitioner (Lalan Yadav @ Lalo), Subodh Sah @ Lulha and two others were altercating and when intervened they assaulted his brother-in-law with knife, fry-pan, bricks, stones over his head and face and after sometimes he died.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Four persons are alleged to have assaulted.

Patna High Court Cr.Misc. No.8485 of 2015 (3) dt.22-04-2015 2/2 The doctor has opined that the death was due to cardio respiratory failure on account of injury caused by sharp aged and hard blunt objects.

There is specific allegation that the petitioner and one Subodh Sah @ Lulha with two other persons assaulted with knife and fry-pan due to which the deceased died. The prayer for bail of Subodh Sah @ Lulha was rejected vide order passed in Cr. Misc. no. 19673 of 2014.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within nine months. If the trial is not concluded, the petitioner may renew his bail prayer. (Prabhat Kumar Jha, J.) Rakhi/- U T