Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12282 of 2022 Arising Out of PS. Case No.-68 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== Lalan Yadav Son of Sahdev Yadav, R/o Village- Lagar, P.S.- Parbatta, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Informant :

Mr. Ranjeet Kumar Singh, Advocate For the State :

Mr. Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2022 Learned counsel for the petitioner has filed a supplementary affidavit stated therein that due to inadvertence para nos.13 to 15 have wrongly typed and its statement are not related of the present case. Therefore, he has requested that in the present bail application para nos. 1 to 12 is only relevant and para nos.13 to 15 may be ignored.

Prayer allowed.

Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Parbatta P.S. Case No. 68 of 2020 lodged under Section 302/34 of the Indian Penal Code read with Section 27 of the Arms Act. As per allegation made in the prosecution document

Patna High Court CR. MISC. No.12282 of 2022(6) dt.31-08-2022 2/3 that on the order of co-accused Ramesh Yadav, another coaccused Pappu Yadav shot the husband of the informant and caused his death.

Learned counsel for the petitioner submits that petitioner is only member of mob. He further submits that petitioner has got clean antecedent and he is in custody since 25.09.2021. He further submits that the said Ramesh Yadav has been granted bail by the Co-ordinate Bench of this Court vide order dated 25.01.2022 passed in Cr. Misc. No. 43163 of 2021. Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant in this case has also appeared and vehemently opposes the prayer for bail of the petitioner.

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 Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 68 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

Patna High Court CR. MISC. No.12282 of 2022(6) dt.31-08-2022 3/3 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