Patna High CourtCR. MISC./36232/2017allowed

Lallu Yadav @ Lallu Kumar @ Lalu Kumar v. The State Of Bihar

2017-09-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.36232 of 2017 (4) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36232 of 2017 Arising Out of PS.Case No. -344 Year- 2015 Thana -TEKARI District- GAYA ======================================================

1. Lallu Yadav @ Lallu Kumar @ Lalu Kumar, Son of Kanhai Yadav, Resident of Village- Balli, P.S.- Tekari in the district of Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Tekari Police Station Case No. 344 of 2015, disclosing offences under Sections 147, 148, 149, 341, 342, 302 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. The specific allegation of firing is against other co-accused persons and the petitioner has been made accused in this case merely on the basis of suspicion. No cogent material has come against the petitioner during course of investigation no any prosecution

Patna High Court Cr.Misc. No.36232 of 2017 (4) dt.18-09-2017 witnesses have supported the implication of this petitioner in the alleged occurrence, which is evident from annexure-2 of the supplementary affidavit. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Gaya, in connection with Tekari Police Station Case No. 344 of 2015/ G.R. No. 4364 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T