Patna High CourtCR. MISC./8535/2024bail granted

Lalkund Yadav @ Lalkun Yadav v. The State Of Bihar

2024-03-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8535 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- BIHRA District- Saharsa ====================================================== Lalkund Yadav @ Lalkun Yadav S/o Nehal Yadav @ Nihal Yadav R/o Vill - Bisanpur, Ward No. 09, P.O. - Aran, P.S. - Bihra, Dist. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bihra P.S. Case No. 178 of 2023 dated 06.09.2023 registered for the offence/s punishable u/ss 341, 323, 325 and 307 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused person along with one unknown miscreant are alleged to have intercepted the informant and his brother-in-law and the co-accused Amit Yadav fired which hit the face of his brother-in-law causing injury. It is further alleged that the coaccused Amit Yadav had also killed the informant's father previously.

Patna High Court CR. MISC. No.8535 of 2024(2) dt.06-03-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. There is no specific allegation against the petitioner. The specific allegation of firing is against the co-accused Amit Yadav. The petitioner has one more criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saharsa in connection with Bihra P.S. Case No. 178 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T