Lalo Yadav @ Laloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12404 of 2019 Arising Out of PS. Case No.-2 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== Lalo Yadav @ Laloo Yadav Son of Damodar Yadav Resident of Village - Dhamdaha, P.S.- Dhamdaha, Distt - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 392 of the Indian Penal Code. The prosecution case, in short, is that on 2.1.2018 the informant withdrawn Rs.2 lacs from the Central Bank, Bihariganj Branch and was returning to his house by the motorcycle, three persons seated on one motorcycle overtook and dashed against his motorcycle. On which, he fell down and the they snatched away the bag containing cash Rs.2 lacs, laptop and fled away. The informant had identified one of three miscreants as Sidhu Kumar.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.12404 of 2019(2) dt.06-03-2019 2/2 of tampering of witnesses alleged against the petitioner. As per F.I.R., the informant claims to have identified one person, namely, Sidhu Kumar. The petitioner is not named in the F.I.R. Subsequently in the restatement the informant claims to have identified the petitioner. The conduct of the informant creats doubt. Same cannot be relied upon. There was no reason for him not to disclose the name of petitioner if the informant had identified the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Murliganj P.S. case No.02 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T