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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7045 of 2019 Arising Out of PS. Case No.-100 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Lambodar Yadav @ Lambodar Kumar Yadav, aged about 23 years (Male), Son of Anandi Yadav, Resident of Village- Golahu, P.S- Madhusudanpur, Distt.-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149 and 307 of the IPC and Section 27 of the Arms Act. The prosecution case, as per the fardbeyan of Sitaram Yadav, recorded by A.S.I., Pramod Kumar on 20.02.2018 at Jawaharlal Nehru Medical College Hospital, Bhagalpur is to the effect that on the same day at 5 P.M., the informant was going to his village home, Golahu from Bhagalpur Court along with his brother, Pappu Yadav, but as soon as they reached near Jarav Baba Asthan, then all the accused persons including the petitioner surrounded them when on the order of co-accused

Patna High Court Cr.Misc. No.7045 of 2019(2) dt.07-02-2019 2/3 Subhash Yadav, co-accused, Ramesh Yadav resorted to fire with country made pistol causing injury on the right side of the abdomen of the informant.

It is submitted by learned counsel for the petitioner that specific accusation of firing has been levelled only against coaccused Ramesh Yadav. The accusation against the petitioner is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that similarly situated coaccused persons have been granted bail by a co-ordinate Bench of this Court, vide order dated 09.07.2018, passed in Cr. Misc. No. 39472 of 2018.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that accusation of firing has not been alleged against the petitioner and similarly situated accused persons have been granted bail by a co-ordinate Bench of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from

Patna High Court Cr.Misc. No.7045 of 2019(2) dt.07-02-2019 3/3 today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-1st, Bhagalpur in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 100 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T