Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63388 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Lalu Yadav, Son of Kamta Yadav, Resident of Village- Kohra, TolaDomna Bigha, Police Station- Makhdumpur in the district of Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sushant Kumar For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Makhdumpur (Tehta O.P.) P.S. Case No.122 of 2017 registered for the offences punishable under Sections 147, 148, 353, 307 and 414 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation as per written report submitted by police is that altogether nine accused persons on three motorcycles came and out of them one Karu Yadav shot fire with intention to kill the informant but unfortunately it missed. The petitioner was allegedly one of the members of the mob. It has been submitted that there is no allegation against

Patna High Court Cr.Misc. No.63388 of 2017 (2) dt.15-01-2018 the petitioner except that he was a member of the mob. One of the co-accused Suryadeo Yadav, who was member of the mob, has been allowed bail by one of the coordinate Bench of this Court in Cr. Misc.No.40082 of 2017 on 21.09.2017. The case of the petitioner stands on similar footing. The petitioner is in custody since 30.10.2017.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur (Tehta O.P.) P.S. Case No.122 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without

Patna High Court Cr.Misc. No.63388 of 2017 (2) dt.15-01-2018 showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U