Laddu Yadav @ Alok Yadav @ Laddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49683 of 2018 Arising Out of PS.Case No. -36 Year- 2014 Thana -MADHEPUR District- MADHUBANI ====================================================== Laddu Yadav @ Alok Yadav @ Laddu, S/o Ram Khelawan Yadav, R/o Vill.- Birpur, P.S.- Madhepur, District- Madhubani. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Hriday Narayan Harshit, Advocate. For the Opposite Party : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2018 Heard learned counsels for the petitioner, informant and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 302 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that the father-inlaw of the informant, namely, Ramchandra Yadav and Ram Bihari Yadav were going to Madhubani by Motorcycle and when they reached Rambag Chowk, petitioner and others came armed with Gun, Pistol, Farsa, Lathi, Tengari and Dabiya and surrounded them and assaulted with fire arms, Tengari and Farsa upon which they sustained serious injuries. They were admitted in P.H.C. Madhepura for treatment thereafter referred to D.M.C.H. but in the
Patna High Court Cr.Misc. No.49683 of 2018 (2) dt.27-09-2018 2/3 way of Darbhanga, injured Ram Bihari Yadav died. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. The said fact is evident from Annexure-3 to the present application. The police after investigation had submitted final form against the petitioner. Subsequently, during trial, summons have been issued under Section 319 Cr. P.C. Hence, present application has been preferred on behalf of the petitioner. As per F.I.R., general and omnibus allegation has been made against the petitioner. Other co-accused has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 35233 of 2018 dated 28.06.2018. On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions JudgeVI, Madhubani, in connection with Madhepur P.S. Case No. 36 of 2014, corresponding to G.R. No. 315 of 2014, S.T. No. 210 of
Patna High Court Cr.Misc. No.49683 of 2018 (2) dt.27-09-2018 3/3 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T