Sanjay Yadav @ Lalu @ Lalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77226 of 2018 Arising Out of PS. Case No.-4 Year-1999 Thana- KHIJARSARAI District- Gaya ====================================================== Sanjay Yadav @ Lalu @ Lalu Yadav, son of late Devnandan Yadav, resident of village- Nadra, P.S.- Khizarsari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Khizarsari P.S. Case No. 4 of 1999 (corresponding to S. Tr. No. 82 of 2018/ 295 of 2018) instituted for the offence under Sections 302, 307 of the Indian Penal Code and 27 of the Arms Act.

In the written report it is alleged that petitioner along with other co-accused Bhutal Yadav caught hold the father of the informant and thereafter Birendra Yadav fired shot on his Kanpatti. Co-accused Umesh Yadav also fired on father of the informant, on account of, which he died.

Counsel for the petitioner submits that charge has been framed against the petitioner on 24.9.2018 and the case is running for evidence.

Patna High Court Cr.Misc. No.77226 of 2018(2) dt.21-12-2018 2/2 Petitioner is said to be in custody since 14.8.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sesstions Judge-VIIIth, Gaya, in connection with Khizarsarai P.S. Case No. 4 of 1999 (corresponding to S.Tr. No. 82 of 2018/295 of 2018) subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will be liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/R.RanjanU T