Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41048 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -SANGRAMPUR District- MUNGER ====================================================== Lalu Yadav S/o Suresh Yadav, resident of Village- Birajpur, P.S.- Sangrampur, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.07.2016 in connection with Sangrampur P.S. Case No. 26 of 2015 for the offences alleged under Sections 307, 379, 452/34, 341 and 323 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event, FIR itself contains specific averment that Pravesh Kumar Yadav was the order giver and Bablu Yadav fired upon the informant. It is submitted that there is no accusation of assault against other accused persons including the petitioner.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 Additional Chief Judicial Magistrate-II, Munger in connection with Sangrampur P.S. Case No. 26 of 2015 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.41048 of 2016 (2) dt.29-09-2016 2/2 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T