Laldeo Yadav @ Laldeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8996 of 2022 Arising Out of PS. Case No.-731 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== LALDEO YADAV @ LALDEO KUMAR S/o Ganesh Yadav, R/o villageAamukhap, P.S.- Barachatti (Dhangai), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Jubair Ansari, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barachatti P.S. Case No. 731 of 2018 lodged under Sections 341, 323, 448, 324, 325, 354, 379 and 504/34 of the Indian Penal Code.

As per the F.I.R., the allegation against the petitioner is that when informant was sleeping in her Bramda, the accused persons came there and started abusing as well as assaulted with iron rod and lathi, in result the informant's hand was fractured. Further allegation upon the accused persons is that they scuffled with the daughter-in-law of the informant as well as allegation

Patna High Court CR. MISC. No.8996 of 2022(3) dt.10-08-2022 2/3 of taken away ornaments and cow of the informant by the accused persons.

Learned counsel for the petitioner submits that the petitioner is the next door neighbour of the informant. The present case has been filed only due to petty land disputes between the parties. The allegation of taken cow and jewellery are out and out false. He further submits that petitioner is in custody since 30.09.2021 and charge sheet has already been filed in this case. On the point of criminal antecedent, learned counsel for the petitioner submits that he is ready to fulfill all the conditions whatsoever imposed by the Court. Learned counsel for the State opposes the prayer for bail and submits that petitioner has criminal antecedent and there are three cases pending against him. He further submits that if bail shall be granted to the petitioner, he shall abscond and create hurdle in trial.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 731

Patna High Court CR. MISC. No.8996 of 2022(3) dt.10-08-2022 3/3 of 2018, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T