Mukesh Yadav @ Lambu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27044 of 2021 Arising Out of PS. Case No.-93 Year-2020 Thana- CHANDRADIP District- Jamui ====================================================== MUKESH YADAV @ LAMBU Son of Balmukund Yadav Resident of Village- Jhamhan, P.S.- Sono (Charkapathar), District- Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Chandradeep P.S. Case No.93 of 2020, registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code, Section 27 of the Arms Act as well as under Sections 3/4 of Explosive Substance Act.

The prosecution case, in brief, is that on 30.06.2020 at about 5.50 A.M., the brother of the informant Rajesh Prasad

Patna High Court CR. MISC. No.27044 of 2021(3) dt.01-02-2022 2/3 Yadav @ Gujar Yadav was going to new residential house from old residential house and when he reached near a temple, Chhotu Yadav opened fire upon Rajesh Prasad Yadav @ Gujar Yadav and bullet hit over the hand of Rajesh Yadav and on his cry, the informant went there and saw that Lobendra Yadav threw bomb over his brother Rajesh Prasad Yadav which hit over head of his brother and due to which, he died at the spot and thereafter the accused persons fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner is not named in the FIR. On the basis of confessional statement of coaccused, the petitioner has been made accused in this case.

The specific allegation is against Chhotu Yadav and Lobendra Yadav. It is also submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail application. Similarly situated other co-accused persons have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No.3670 of 2021.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let

Patna High Court CR. MISC. No.27044 of 2021(3) dt.01-02-2022 3/3 petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jamui in connection with Chandradeep P.S. Case No.93 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T