Lavkush Yadav @ Lavkush Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22133 of 2021 Arising Out of PS. Case No.-2 Year-2013 Thana- DUMARIYA District- Gaya ====================================================== LAVKUSH YADAV @ LAVKUSH JEE Son of Sita Ram Yadav Resident of Village- Kawal, P.S.- Naudiha Bazar, District- Palamu (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S. Jamil Akhtar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code, u/s 27 of Arms Act and u/s 17 of C.L.A. Act.

As per the prosecution case, some unknown Maoists took away the father of informant in a forest and when the informant along with his villagers reached there they saw that 50 Maoists were assaulting his father in a Jan Adalat and later on his father died. Thereafter, dead body of father of informant was handed over to him.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Petitioner is not named in the FIR and there is no whisper

Patna High Court CR. MISC. No.22133 of 2021(4) dt.13-03-2023 2/2 against him in the FIR. During the course of investigation the name of petitioner has surfaced in the case but there is no tangible material against him to show his complicity in the aforesaid crime.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Sherghati, Gaya in connection with Dumaria PS case No.02/ 2013, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T