Lallu Yadav@ Hemant Kumar @ Lalu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23654 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Lallu Yadav @ Hemant Kumar @ Lalu Kumar, Son of Laxman Yadav, R/O Village- Mohkamma, P.S. -Rajauli, District -nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Rajauli P.S. Case No.249 of 2023, registered for the offences under Sections 447, 506, 504, 436, 427/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and other co-accused persons set the husk straw of the informant on fire as a revenge of informant giving information to police about running of illegal liquor bhatti by the petitioner and other coaccused persons. They also cut a mango tree and damaged the submersible pump.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.23654 of 2024(2) dt.01-05-2024 2/3 case. The FIR has been lodged after a delay of two days for which there is no explanation. There is no specific allegation against the petitioner and the allegations are general and omnibus. From the verification of spot, no sign of burning anything has been found. It is also apparent that no attempt was made to set the house of the informant on fire and only allegation is that loss of Rs.25,000/- was caused due to burning of the husk straw. The learned counsel further submits that the petitioner is having criminal antecedent of three cases, all under the Excise Act and he is on bail in all these three cases.
5. The learned A.P.P. vehemently opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the possibility of false accusation, let the petitioner above named in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada, in connection with Rajauli P.S. Case No. 249 of 2023, subject to the condition laid down under Section 438(2) of the
Patna High Court CR. MISC. No.23654 of 2024(2) dt.01-05-2024 3/3 code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/- U T