Lallu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11017 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- TEYAR District- Bhojpur ====================================================== Lallu Yadav Son of - Teju Yadav Resident of Village - Tiyar, P.S.- Tiyar, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Priya, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Tiyar P.S. Case No. 81/2023 lodged on 23.11.2023 under Sections 341, 323, 307, 34, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against three named accused persons, including the present petitioner against whom there is allegation of firing from a gun.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From the content of the FIR, it itself appears that in the background of land dispute, the present case has been lodged. There is allegation of firing from a gun, but from the said gunshot injury
Patna High Court CR. MISC. No.11017 of 2024(2) dt.22-02-2024 2/3 has not been caused to anyone. The chargesheet has already been submitted. The petitioner is in custody since 20.12.2023 and is accused in 5 more criminal cases.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the antecedent of the petitioner is not clean.
6. In the present facts and circumstances of this 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 JM 1st Class, Bhojpur at Ara, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
Patna High Court CR. MISC. No.11017 of 2024(2) dt.22-02-2024 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :- (I) Tiyar P.S. Case No. 43/2017 (ii) Tiyar P.S. Case No. 73/2019 (iii) Tiyar P.S. Case No. 24/2020 (iv) Tiyar P.S. Case No. 101/2020 (v) Tiyar P.S. Case No. 118/2022 (Dr. Anshuman, J) Ashwini/- U T