Lal Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23473 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Lal Bihari Yadav Son of Late Sajgir Yadav Resident of Village - Ranipur, P.s.- Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Darbhanga (Sadar) P.S. Case No. 67 of 2022 lodged under Sections 341, 323, 379, 384, 386, 504, 506 and 34 of the Indian Penal Code.

The prosecution case is that there were 5 accused persons made in the F.I.R. in which the specific allegation against the petitioner is that he had threaten the informant and others. The further allegation against the accused persons is that they used to demand the ransom. It has also been mentioned that

Patna High Court CR. MISC. No.23473 of 2022(2) dt.04-08-2022 2/3 petitioner and others have snatched money from the counter. Learned counsel for the petitioner submits that entire prosecution story is false. He further submits that petitioner is in custody since 18.02.2022 and there is 10 cases pending against him in which he is on bail in every cases, except the present one. He also submits that all the cases which are pending against him are magisterial trial except two i.e. at serial no.3 (ii) and 3 (vii) which are session triable.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner may not be released on bail due to the reason that there is a criminal antecedent and large number of cases are pending against him.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Darbhanga (Sadar) P.S. Case No. 67 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.23473 of 2022(2) dt.04-08-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T