Laloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38149 of 2018 Arising Out of PS. Case No.-103 Year-2017 Thana- HULASGANJ District- Jehanabad ====================================================== Laloo Yadav, Son of Biltu Yadav, resident of Village- Lakhawar, PostLakhawar, P.S.- Goshi, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Mritunjay Narain, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 28.03.2018 in connection with Hulasganj P.S. Case No. 103 of 2017 registered for the offence punishable under Sections 302, 120 (B) of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that on 02.09.2017 his father, Kamta Yadav had gone for night duty at Uderasthan Baraj, but did not return. Later on, his dead body was found in an orchard. On inquiry, it was found that he had not come for night duty. The petitioner and other co-accused have been named in the First Information Report alleging therein that while other co-accused had a fight because of some dispute between the children, the petitioner was found roaming near the place of occurrence on the same day.

Patna High Court Cr.Misc. No.38149 of 2018(2) dt.06-07-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case only on the ground of suspicion. He submits that there is no eye-witness to the alleged occurrence and some of the co-accused have been granted the privilege of bail by this Court in Cr. Misc. No. 22234 of 2018 vide order dated 19.04.2018 and by a co-ordinate Bench of this Court in Cr. Misc. No. 5329 of 2018 vide order dated 27.02.2018.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jehanabad in connection with Hulasganj P.S. Case No. 103 of 2017.

(Nilu Agrawal, J.) Arjun/Rigini U T