Lalo Yadav @ Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31509 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Lalo Yadav @ Lalan Yadav S/O Late Prabhu Yadav R/O Pathlofar, P.S.- Sheikhpura, Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sheikhpura P.S. Case No. 192/2023 lodged on 01.04.2023 for offences punishable under Section 192/2023 under 302,34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution story F.I.R. has been lodged against 14 named accused persons including the present petitioner. As per F.I.R. specific allegation is upon Nandan Yadav, Awdhesh Yadav and Sonu Yadav that they have fired on the deceased Hudan Yadav which resulted into death of Hudan Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.31509 of 2024(2) dt.26-06-2024 2/3 for the petitioner submits that from the bare perusal of the F.I.R., it become crystal clear that specific allegation is against three accused persons of act and overt act and rest other accused persons, there is no allegation save and except they were part of the mob. Counsel for the petitioner further submits that antecedent of the petitioner is clean and only with a view to create pressure the present case has been lodged as he is the brother of the main accused Awdhesh Yadav. Counsel submits that his brother Awdhesh Yadav was informant in Sheikhpura P.S. Case No. 552 of 2021 lodged under Section 302 of the I.P.C. in which informant of the present case was accused No. 4. Counsel submits that petitioner is ready to fulfill all the condition whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail but fairly submits that from bare perusal of the F.I.R there is no allegation against the petitioner save and except he is the member of mob.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest of surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the

Patna High Court CR. MISC. No.31509 of 2024(2) dt.26-06-2024 3/3 like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura subject to the condition as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U