Lallan Kumar Yadav @ Lallan Yadav @ Bhikhra Yadav @ Bhikhra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15773 of 2020 Arising Out of PS. Case No.-52 Year-2019 Thana- KOTWALI District- Munger ====================================================== LALLAN KUMAR YADAV @ LALLAN YADAV @ BHIKHRA YADAV @ BHIKHRA Son of Late Suresh Prasad Resident of Village - Mohalla - Aura Bagicha, P.S.- Dharhara, Distt - Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjiv Kumar Singh For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act..
The prosecution allegation in short is that on the way while the informant reached near the Bank, the petitioner fired at him due to which informant sustained fire arm injury. It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.15773 of 2020(4) dt.10-09-2020 2/2 the petitioner is in custody since 6.10.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. There is case and counter case between the parties. Injury on the side of the accused person has not been explained by the prosecution. The prosecution has not come with clean hands. It is further submitted that the petitioner may be released after completion of one year in custody.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R..
Considering the aforesaid facts and circumstances, on completion of one year in custody, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 52 of 2019.
(Sudhir Singh, J) Pankaj/- U T